Opinion
No. 06-71026.
This panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed November 20, 2007.
Richard E. Oriakhi, Esq., Roman Singh, LLP, Fremont, CA, for Petitioner.
Ronald E. LeFevre, Chief Counsel, Office of the District, Counsel Department of Homeland Security, San Francisco, CA, Brendan P. Hogan, U.S. Department of Justice Civil Division, Washington, D.C., for Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A77-374-674.
Before: B. FLETCHER, WARDLAW, and IKUTA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Gurmehj Singh Sandhu, a native and citizen of India, petitions for review of an order of the Board of Immigration Appeals ("BIA") dismissing his appeal from an immigration judge's denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture ("CAT"). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir. 2001), and we deny the petition.
Substantial evidence supports the BIA's conclusion that Sandhu testified inconsistently regarding the date of his medical treatment, which goes to the heart of his asylum claim. See Chebchoub, 257 F.3d at 1043, 1045. Thus substantial evidence supports the BIA's denial of asylum. See Desta v. Ashcroft, 365 F.3d 741, 745 (9th Cir. 2004).
Because Sandhu is not eligible for asylum, he cannot meet the higher standard for withholding of removal. See Li v. Ashcroft, 378 F.3d 959, 964 (9th Cir. 2004).
Because Sandhu did not show that it is more likely than not that he will be tortured if returned to India, substantial evidence supports the BIA's denial of his CAT claim. See Hasan v. Ashcroft, 380 F.3d 1114, 1122-23 (9th Cir. 2004).