Kandola v. Ashcroft
Kandola v. Ashcroft
Opinion of the Court
MEMORANDUM
Baljinder Singh Kandola, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ summary affirmance of an immigration judge’s (“IJ”) denial of his applications for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence an adverse credibility finding and will uphold the IJ’s decision unless the evidence compels a contrary conclusion. See Malhi v. INS, 336 F.3d 989, 992-93 (9th Cir. 2003). We deny the petition for review.
Because Kandola failed to establish eligibility for asylum, he necessarily failed to meet the more stringent standard for withholding of removal. See Fisher v. INS, 79 F.3d 955, 960-61 (9th Cir. 1996) (en banc).
We decline to address Kandola’s claim for relief under the Convention Against Torture because he did not exhaust administrative remedies, and the claim was not properly argued in his brief. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004); Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996).
PETITION FOR REVIEW DENIED.
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.