Singh v. Ashcroft
Singh v. Ashcroft
Opinion of the Court
MEMORANDUM
Petitioner Ajmer Singh, a native of India, seeks review of a removal order from
According to Singh, Indian police persecuted him, and will persecute him if he is deported, because they believe he supports the militant Sikhs. He claims the police arrested and tortured him twice. The IJ found Singh incredible based on several specific discrepancies in his testimony.
Substantial evidence supports the IJ’s adverse credibility finding. Particularly, the record substantiates the IJ’s finding that Singh was not consistent concerning how the police electrically shocked him. These discrepancies go to the heart of his claim because they describe his past persecution. See Singh v. Ashcroft, 367 F.3d 1139, 1143 (9th Cir. 2004).
Additionally, the record supports the IJ’s finding that Singh contradicted himself regarding the militant Sikhs’ visit to his uncle’s farm. This goes to the heart of Singh’s persecution claim because, in addition to the police persecution, he claims a fear that the militants will persecute him as retribution for making the complaint. Given these discrepancies, we cannot say that a “reasonable adjudicator would be compelled to conclude” that Singh was credible. 8 U.S.C. § 1252(b)(4)(B).
Because Singh fails to qualify for discretionary asylum, he necessarily fails the more stringent standard for mandatory withholding. Pedro-Mateo v. INS, 224 F.3d 1147, 1150 (9th Cir. 2000). We cannot review Singh’s Convention Against Torture claim because he failed to raise it with the BIA. 8 U.S.C. § 1252(d)(1); Guo v. Ashcroft, 361 F.3d 1194, 1199 n. 1 (9th Cir. 2004).
Petition DENIED.
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 Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.