FILED
NOT FOR PUBLICATION MAR 30 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JOGINDER PAUL SINGH, No. 07-74798
Petitioner, Agency No. A079-276-987
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 8, 2011 **
Before: FARRIS, O’SCANNLAIN, and BYBEE, Circuit Judges.
Joginder Paul 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,
withholding of removal, and protection under the Convention Against Torture
*
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).
(“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252. We review for
substantial evidence. Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir. 2004). We deny
in part and dismiss in part the petition for review.
Substantial evidence supports the IJ’s adverse credibility finding because of
the inconsistency regarding the number of times Singh was arrested. See
Berroteran-Melendez v. INS, 955 F.2d 1251, 1256-57 (9th Cir. 1992). In the
absence of credible testimony, Singh failed to establish eligibility for asylum or
withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.
2003).
We lack jurisdiction to consider Singh’s CAT claim because he did not
exhaust it before the agency. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th
Cir. 2004).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 07-74798