NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 14 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JASWINDER SINGH, No. 17-70392
Petitioner, Agency No. A205-145-375
v.
WILLIAM P. BARR, Attorney General, MEMORANDUM*
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 10, 2020**
Seattle, Washington
Before: NGUYEN and BUMATAY, Circuit Judges, and SEEBORG,*** District
Judge.
Petitioner Jaswinder Singh petitions for review of the Board of Immigration
Appeals’ (“BIA”) order dismissing his appeal from the Immigration Judge’s (“IJ”)
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 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 Richard Seeborg, United States District Judge for the
Northern District of California, sitting by designation.
denial of his application for asylum, withholding of removal, and protection under
the Convention Against Torture (“CAT”). We review questions of law de novo
and factual findings for substantial evidence. Cui v. Mukasey, 538 F.3d 1289,
1290 (9th Cir. 2008). Because substantial evidence supports the BIA’s decision,
we deny the petition for review.
Under the Immigration and Nationality Act (“INA”), the IJ may base an
adverse credibility determination on the consistency of the applicant’s account
with his own statements and other evidence or the inherent plausibility of the
applicant’s testimony. 8 U.S.C. § 1158(b)(1)(B)(iii). The IJ may consider “any
inaccuracies or falsehoods in [the applicant’s] statements . . . without regard to
whether [it] goes to the heart of the applicant’s claim.” Id. Because the IJ is in
“the best position to assess demeanor and other credibility cues,” Shrestha v.
Holder, 590 F.3d 1034, 1041 (9th Cir. 2010), “[o]nly the most extraordinary
circumstances will justify overturning an adverse credibility determination.” Silva-
Pereira v. Lynch, 827 F.3d 1176, 1185 (9th Cir. 2016) (simplified).
Substantial evidence supports the adverse credibility finding. The agency
identified multiple inconsistencies in Singh’s testimony regarding a central aspect
of his claim: his alleged beating by rival party members. For example, in his
declaration and testimony under cross examination, Singh claimed there had been
another party member present during a beating, but in his testimony under direct
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examination, Singh did not mention another member.
Singh’s testimony also conflicted with the documentary evidence. He
claimed that after the beating, he had remained unconscious for one day,
contradicting documentary evidence from the hospital stating he was unconscious
for two hours. Singh tried to explain this discrepancy by saying he was given
sleep-inducing medication after waking, but this also conflicted with hospital’s
record evidence.
Moreover, the IJ found several aspects of Singh’s testimony evasive or
exaggerated. While Singh testified that he stopped members of the Congress Party
and another rival political party from selling drugs and buying votes, under
questioning, he claimed he had never actually seen anyone participating in these
activities.
“[A]dministrative findings of fact are conclusive unless any reasonable
adjudicator would be compelled to conclude to the contrary.” 8 U.S.C.
§ 1252(b)(4)(B) (emphasis added). Nothing in the record compels us to accept
Singh’s proffered explanations for the multiple inconsistencies in his testimony.
Under this “extremely deferential” standard of review, we decline to disturb the
agency’s adverse credibility finding. Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th
Cir. 2003).
Absent credible testimony, Singh cannot sustain his burden to demonstrate
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entitlement to asylum or withholding of removal. Nor may we reach Singh’s
request for relief under the CAT because Singh failed to exhaust this claim before
the BIA. Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004).
The petition for review is DENIED.
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