Singh v. Ashcroft
Singh v. Ashcroft
Opinion of the Court
MEMORANDUM
Lakhvir Singh, a native and citizen of India, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) affirming the order of the immigration judge (“IJ”) denying his application for asylum and for relief under the Convention Against Torture, 8 C.F.R. § 208.16(e). Because the parties are fa
I
The IJ denied the asylum application based on an adverse credibility finding. An adverse credibility finding is reviewed for substantial evidence, see Osorio v. INS, 99 F.3d 928, 931 (9th Cir. 1996), and must be supported by specific, cogent reasons that are supported by the record, Cordon-Garcia v. INS, 204 F.3d 985, 993 (9th Cir. 2000). The IJ based the adverse credibility finding in part on petitioner’s demeanor. Demeanor findings by an immigration judge are afforded special deference, Singh-Kaur v. INS, 183 F.3d 1147, 1151 (9th Cir. 1999), especially those grounded in references to non-verbal communication, Arulampalam v. Ashcroft, 353 F.3d 679, 685-86 (9th Cir. 2003). However, they must be supported by specific, rather than generalized, references to the record. Garrovillas v. INS, 156 F.3d 1010, 1014 (9th Cir. 1998).
In this case, the IJ cited the fact that petitioner began crying at a time in the proceedings that was inappropriate. Although crying is generally a normal reaction when an asylum applicant is detailing and being cross-examined about often harrowing events, cf. Singh-Kaur, 183 F.3d at 1151 (noting that nervousness is generally to be expected in immigration proceedings), our review of the record indicates that petitioner began crying when he was confronted with an inconsistency in his testimony, which the IJ deemed an inappropriate reaction. The record does not compel the conclusion that petitioner was being badgered or otherwise harassed in such a manner that the IJ’s finding is erroneous. See id. at 1151 (deferring to an IJ’s ability to distinguish between a normal level of nervousness and an applicant so nervous he was “literally jumping] around in his seat”) (alteration in original). When an IJ’s adverse credibility finding is supported by at least one reason that goes to the heart of an asylum applicant’s claim, we must affirm the finding and deny the petition for review as to the asylum application. Wang v. INS, 352 F.3d 1250, 1259 (9th Cir. 2003).
II
Singh also raises a claim that documentary evidence apart from his testimony entitles him to withholding of removal under the Convention Against Torture. “All evidence relevant to the possibility of future torture” must be considered by the agency in assessing Singh’s claim, including “evidence of gross, flagrant or mass violations of human rights within the country of removal, where applicable,” as well as “other relevant information regarding conditions in the country of removal.” 8 C.F.R. § 208.16(c)(3). This is true even where an applicant for relief is found not credible, as the credibility finding cannot “wash over” the claim for Convention Against Torture relief. See Kamalthas v. INS, 251 F.3d 1279, 1284 (9th Cir. 2001). The IJ therefore erred when denying Singh’s claim for relief under the Convention “for the same reasons” his asylum application was denied, an adverse credibility finding.
PETITION GRANTED IN PART; DENIED IN PART; REMANDED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. The government argues that Singh failed to exhaust his administrative remedies with respect to this claim, but our review of the record indicates otherwise. In his appeal to
Case-law data current through December 31, 2025. Source: CourtListener bulk data.