Opinion
No. 09-74003 Agency No. A072-563-553
01-17-2012
TIRTH SINGH, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 17, 2012
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
--------
Before: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges.
Tirth Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals' order dismissing his appeal from an immigration judge's decision denying his application 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 the agency's factual findings, including the adverse credibility determinations. Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir. 2001). We deny the petition for review.
Substantial evidence supports the agency's adverse credibility determination based on discrepancies between Singh's testimony and documentary evidence regarding continuing interest in him by Indian police, and the lack of specificity in his testimony. See Goel v. Gonzales, 490 F.3d 735, 739 (9th Cir. 2007) (inconsistencies between testimony and documentary evidence that went to the heart of the claim supported the adverse credibility determination). Accordingly, in the absence of credible testimony, Singh's asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
Because Singh's CAT claim is based on the same testimony the agency found not credible, and he points to no other arguments showing it is more likely than not he will be tortured if returned to India, his CAT claim also fails. See id. at 1156-57.
PETITION FOR REVIEW DENIED.