NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT JUL 16 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
JEETENDRA SHARMA SINGH; et al., No. 08-74272
Petitioners, Agency Nos. A073-402-528
A073-403-475
v. A077-379-772
A077-379-773
LORETTA E. LYNCH, Attorney General,
Respondent. MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 17, 2013**
Resubmitted July 16, 2015
San Francisco, California
Before: McKEOWN and WATFORD, Circuit Judges, and ZILLY,*** Senior
District Judge.
*
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).
***
The Honorable Thomas S. Zilly, Senior District Judge for the U.S.
District Court for the Western District of Washington, sitting by designation.
Jeetendra Sharma Singh, Meenakshi Sharma, and their two children petition
for review of the Board of Immigration Appeals’ (BIA) decision affirming the
Immigration Judge’s (IJ) denial of their applications for asylum, withholding of
removal, and relief under the Convention Against Torture (CAT). We deny the
petition.
Jeetendra Sharma Singh and his wife Meenakshi Sharma filed fraudulent
asylum applications in 1995. They were granted asylum on the basis of those
applications. When their fraud was discovered and their asylum terminated, they
filed new applications in 2006, requesting asylum, withholding of removal, and
CAT relief.
We agree with the IJ and the BIA that the 2006 asylum applications were
untimely because they were filed more than one year after petitioners arrived in the
United States. 8 U.S.C. § 1158(a)(2)(B). Mr. Singh and Mrs. Sharma were in the
United States for over ten years before filing asylum applications in 2006. The fact
that they had previously filed fraudulent asylum applications is not an
“extraordinary circumstance[]” that would require the BIA to extend this deadline.
8 U.S.C. § 1158(a)(2)(D).
The REAL ID Act applies to this petition because it was filed after the
statute’s effective date of May 11, 2005. Invoking the requirements of that statute,
2
we hold that substantial evidence supports the IJ’s finding that the testimony of
Mr. Singh and Mrs. Sharma was not credible. See Shrestha v. Holder, 590 F.3d
1034, 1039 (9th Cir. 2010). The IJ correctly noted that Mr. Singh and
Mrs. Sharma have a “history of lying repeatedly to the United States Government.”
The IJ then went on to identify the specific reasons that she found their testimony
in support of their asylum application not credible. These included:
inconsistencies in their testimony, their limited knowledge of the political party of
which they were supposedly leaders, the discrepancies between their statements
about the injuries they sustained while incarcerated and the medical records related
to those incidents, and their attempt to submit fabricated documents at the asylum
hearing. The petitioners cannot point to anything in the record that would compel
any reasonable adjudicator to conclude that the IJ’s credibility determination was
erroneous. See 8 U.S.C. § 1252(b)(4)(B).
In the absence of credible testimony, the petitioners’ claims fail. See Farah
v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).1
PETITION DENIED.
1
The petitioners do not challenge the IJ’s separate reasoning for denying
relief to the child applicants Jimmy Sharma and Reteeka Sharma.
3