Baidwan v. Holder
Opinion
MEMORANDUM ***
*764 Satinder Singh Baidwan, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”) 1
We lack jurisdiction to review the IJ’s determination that Baidwan’s asylum application was untimely because that finding is based on disputed facts. See 8 U.S.C. § 1158(a)(3); cf. Ramadan v. Gonzales, 479 F.3d 646, 650 (9th Cir. 2007) (per curiam). Accordingly, we dismiss the petition for review as to Baidwan’s asylum claim.
Substantial evidence supports the IJ’s adverse credibility determination because the discrepancies regarding the circumstances of his third arrest go to the heart of his claims. See Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir. 2004). Accordingly, Ba-idwan’s withholding of removal claim fails.
Because Baidwan’s CAT claim is based on the same testimony the IJ found not credible, and he offers no other evidence the agency should have considered, he has failed to establish eligibility for CAT relief. See Farah v. Ashcroft, 348 F.3d 1153, 1156-57 (9th Cir. 2003).
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
Reference
- Full Case Name
- Satinder Singh BAIDWAN, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent
- Status
- Unpublished