Singh, et al v. Holder, No. 07-71312 (9th Cir. 2011)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FEB 22 2011 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT CHARANJIT SINGH, No. 07-71312 Petitioner, Agency No. A077-843-921 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 17, 2011 ** San Francisco, California Before: TALLMAN and CALLAHAN, Circuit Judges, and CONLON, District Judge.*** Charanjit Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals order dismissing his appeal from an immigration * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable Suzanne B. Conlon, United States District Judge for the Northern District of Illinois, sitting by designation. 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, Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir. 2004), and we deny the petition for review. Substantial evidence supports the agency s adverse credibility determination because the inconsistencies between Singh s testimony and the asylum officer s notes concerning the nature of the mistreatment Singh allegedly suffered during his two arrests go to the heart of his claim of persecution. See id. at 962-63. In the absence of credible testimony, Singh failed to demonstrate eligibility for asylum or withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003). Because Singh s CAT claim is based on testimony the agency found not credible, and no other evidence in the record compels a finding that it is more likely than not he would be tortured if he returned to India, his CAT claim also fails. See id. at 1156-57. PETITION FOR REVIEW DENIED. 2 07-71312

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