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Singh v. Ashcroft

United States Court of Appeals, Ninth Circuit
Dec 15, 2003
83 F. App'x 221 (9th Cir. 2003)

Opinion

Submitted December 8, 2003.

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

On Petition for Review of an Order of the Board of Immigration Appeals.

Mohinder Singh, Esq., Walnut Creek, CA, for Petitioner.

Regional Counsel, Laguna Niguel, CA, Ronald E. LeFevre, Chief Legal Officer, Office of the District Counsel, San Francisco, CA, Russell J.E. Verby, Ernesto H, Molina, Jr., DOJ-U.S. Department of Justice, Washington, DC, for Respondent.


Before GOODWIN, WALLACE, and TROTT, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

Balbir Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals' summary affirmance of an immigration judge's denial of his application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for substantial evidence an adverse credibility finding and a denial of asylum and will uphold the IJ's decision unless the evidence compels a contrary conclusion. Malhi v. INS, 336 F.3d 989, 993 (9th Cir.2003). We deny the petition.

Substantial evidence supports the IJ's adverse credibility finding because Singh's testimony was both internally inconsistent and inconsistent with his application, and contained implausibilities. Because the factual discrepancies went to the heart of his asylum claim, substantial evidence supports the denial of asylum. See Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001).

It follows that Singh did not satisfy the more stringent standard for withholding of removal. See Lata v. INS, 204 F.3d 1241, 1244 (9th Cir.2000).

PETITION FOR REVIEW DENIED.


Summaries of

Singh v. Ashcroft

United States Court of Appeals, Ninth Circuit
Dec 15, 2003
83 F. App'x 221 (9th Cir. 2003)
Case details for

Singh v. Ashcroft

Case Details

Full title:Balbir SINGH, Petitioner, v. John ASHCROFT, Attorney General, Respondent…

Court:United States Court of Appeals, Ninth Circuit

Date published: Dec 15, 2003

Citations

83 F. App'x 221 (9th Cir. 2003)