Singh, et al v. Holder, No. 05-70722 (9th Cir. 2011)
Annotate this CasePetitioner, a native and citizen of India, appealed from the Board of Immigration Appeals' ("BIA") order affirming the Immigration Judge's ("IJ") denial of his claims for asylum where petitioner had allegedly lied about previously applying for asylum in Canada. At issue was whether the IJ's adverse creditability finding was not supported by substantial evidence in the record and that petitioner was denied due process of law by the denial of continuance so that he could put his father on the stand. The court held that substantial evidence on the record supported the adverse creditability decision, the need for corroboration, and the conclusion that petitioner had not borne his burden of proof to establish eligibility for asylum. The court also held that the IJ did not abuse her discretion in denying another continuance where the IJ was not required to grant a motion for continuance based upon speculations.
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