FILED
NOT FOR PUBLICATION JUL 16 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JASWINDER SINGH, No. 07-71469
Petitioner, Agency No. A097-124-415
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 29, 2010 **
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
Jaswinder 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 (“IJ”) decision denying his application for asylum and withholding of
removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
substantial evidence, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir. 2001), and
we dismiss in part and deny in part the petition for review.
We lack jurisdiction to review the IJ’s determination that Singh’s asylum
application was untimely because that finding was based on disputed facts. See
Ramadan v. Gonzales, 479 F.3d 646, 650 (9th Cir. 2007) (per curiam).
Substantial evidence supports the IJ’s adverse credibility determination
based upon the omissions from Singh’s supporting documents of his father’s
alleged arrest after Singh’s departure from India, see Li v. Ashcroft, 378 F.3d 959,
962-63 (9th Cir. 2004), and the discrepancies between Singh’s testimony and the
medical document he submitted, see Pal v. INS, 204 F.3d 935, 938 (9th Cir. 2000)
(inconsistencies between testimony and documentary evidence support an adverse
credibility finding). Accordingly, in the absence of credible testimony, petitioner’s
withholding of removal claim fails. See Farah v. Ashcroft, 348 F.3d 1153, 1156
(9th Cir. 2003).
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
2 07-71469