George v. Holder ( 2009 )

FILED
NOT FOR PUBLICATION DEC 28 2009
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SURINDER KAUR PATTI, No. 07-71404
Petitioner, Agency No. A099-339-834
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 15, 2009 **
Before: GOODWIN, WALLACE, and CLIFTON, Circuit Judges.
Surinder Kaur Patti, a native and citizen of India, petitions for review of the
Board of Immigration Appeals’ order summarily affirming an immigration judge’s
(“IJ”) decision denying her application for asylum, withholding of removal, and
*
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).
KAD/Research 1
protection under the Convention Against Torture (“CAT”). We have jurisdiction
under 8 U.S.C. § 1252. We review for substantial evidence, Husyev v. Mukasey,
528 F.3d 1172, 1177 (9th Cir. 2008), and we deny the petition for review.
Substantial evidence supports the IJ’s adverse credibility determination
because Patti’s testimony was inconsistent with her documentary evidence
concerning the events following her release from police detention and leading up to
her departure from India, see Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.
2001), and Patti did not persuasively explain these inconsistencies, see Don v.
Gonzales, 476 F.3d 738, 741-42 (9th Cir. 2007). In the absence of credible
testimony, Patti’s asylum and withholding of removal claims fail. See Farah v.
Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
Because Patti’s CAT claim is based on the testimony the IJ found not
credible, and Patti points to no other evidence to show it is more likely than not she
would be tortured if returned to India, her CAT claim fails. See id. at 1156-57.
PETITION FOR REVIEW DENIED.
KAD/Research 2 07-71404