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Singh v. Ashcroft

United States Court of Appeals, Ninth Circuit
Dec 16, 2003
83 F. App'x 247 (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NOT FOR PUBLICATION.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.

Garish Sarin, Los Angeles, CA, for Petitioner.

Regional Counsel, Western Region, Immigration & Naturalization Service, Laguna Niguel, CA, Los Angeles District Counsel, Office of the District Counsel, Los Angeles, CA, Ronald E. LeFevre, Chief Legal Officer, Office of the District Counsel, San Francisco, CA, Richard M. Evans, Marshall Tamor Golding, Office of Immigration Litigation, 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 may be provided by 9th Cir. R. 36-3.

Amrik Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals' ("BIA") decision summarily affirming an immigration judge's ("IJ") decision denying his application for asylum, withholding of removal,

Page 248.

and relief under Article 3 of the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence adverse credibility findings, Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002), and we deny the petition.

The IJ found that Singh was evasive in answering questions, and his testimony was both internally inconsistent, and inconsistent with his asylum interview. For example, Singh testified that when police came to his home to arrest him, they instead arrested and killed his father. On cross-examination, Singh admitted that he told the asylum officer his father was alive, and that he forgot to tell the asylum officer his father was dead because he was afraid. The IJ identified inconsistencies that go to the heart of Singh's asylum claim, and provide substantial evidence to support the IJ's adverse credibility finding. See Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001).

Singh's contention that the BIA violated due process by failing to review his appeal is foreclosed by this court's decision in Carriche v. Ashcroft, 350 F.3d 845, 850 (9th Cir.2003).

PETITION FOR REVIEW DENIED.


Summaries of

Singh v. Ashcroft

United States Court of Appeals, Ninth Circuit
Dec 16, 2003
83 F. App'x 247 (9th Cir. 2003)
Case details for

Singh v. Ashcroft

Case Details

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

Court:United States Court of Appeals, Ninth Circuit

Date published: Dec 16, 2003

Citations

83 F. App'x 247 (9th Cir. 2003)