Ranjeet Singh v. Loretta E. Lynch

U.S. Court of Appeals for the Ninth Circuit
Ranjeet Singh v. Loretta E. Lynch, 649 F. App'x 465 (9th Cir. 2016)

Ranjeet Singh v. Loretta E. Lynch

Opinion

MEMORANDUM **

Ranjeet 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 asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). *466 We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings, applying the standards governing adverse credibility determinations created by the REAL ID Act, Shrestha v. Holder, 590 F.3d 1034, 1039-40 (9th Cir. 2010), and we deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based on Singh’s inconsistent testimony as to whether he recognized the individuals who attacked him in August 2010, and the circumstances under which he was found after that attack. See id. at 1048 (adverse credibility determination was reasonable under the “totality of the circumstances”). Singh’s explanations for the inconsistencies do not compel the contrary result. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir. 2000). In the absence of credible testimony, Singh’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).

Finally, Singh’s CAT claim also fails because it is based on the same testimony the agency found not credible, and Singh does not point to any evidence that compels the finding it is more likely than not he would be tortured if returned to India. See Almaghzar v. Gonzales, 457 F.3d 915, 922-23 (9th Cir. 2006).

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
Ranjeet SINGH, AKA Ranjit Singh, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent
Status
Unpublished