FILED
NOT FOR PUBLICATION JAN 19 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SARBJIT SINGH, No. 06-72388
Petitioner, Agency No. A097-588-755
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 11, 2010 **
Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
Sarbjit Singh, 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 Singh’s applications for asylum, withholding of
removal, and relief under the Convention Against Torture (“CAT”). We have
*
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).
jurisdiction under 8 U.S.C. § 1252. We review an adverse credibility
determination for substantial evidence. Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.
2002). We deny the petition for review.
Substantial evidence supports the BIA’s adverse credibility determination
because Singh’s asylum application, which included a declaration, is materially
inconsistent with his testimony regarding alleged incidents of past persecution.
Singh failed to provide a reasonable explanation for these inconsistencies, and the
inconsistencies go to the heart of his claim. See Li v. Ashcroft, 378 F.3d 959, 964
(9th Cir. 2004). In the absence of credible testimony, Singh failed to demonstrate
eligibility for asylum or withholding of removal. See Farah v. Ashcroft, 348 F.3d
1153, 1156 (9th Cir. 2003).
Because Singh’s CAT claim is based on the same evidence that the IJ and
BIA found not credible, and he fails to cite to specific evidence in the record to
show it is more likely than not he would be tortured if returned to India, his CAT
claim fails. See id. at 1157.
Singh’s motion to strike his original opening brief is granted.
PETITION FOR REVIEW DENIED.
JBG 2 06-72388