Singh v. Mukasey

U.S. Court of Appeals for the Ninth Circuit
Singh v. Mukasey, 319 F. App'x 495 (9th Cir. 2009)
Bybee, Callahan, Scannlain

Singh v. Mukasey

Opinion of the Court

MEMORANDUM **

Tirath Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review the *496agency’s continuous physical presence determination for substantial evidence. Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 850-51 (9th Cir. 2004). We deny the petition for review.

The record does not compel the conclusion that Singh met his burden to establish continuous physical presence where he failed to provide sufficient evidence supporting his presence prior to 1993. See Singh-Kaur v. INS, 183 F.3d 1147, 1150 (9th Cir. 1999) (a contrary result is not compelled where there is “[t]he possibility of drawing two inconsistent conclusions from the evidence”) (internal quotation marks and citation omitted).

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
Tirath SINGH v. Michael B. MUKASEY, Attorney General
Status
Published