Lakhvir Singh v. Eric H. Holder Jr.

FILED
NOT FOR PUBLICATION MAR 02 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
LAKHVIR SINGH, No. 08-74772
Petitioner, Agency No. A079-290-943
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 21, 2012 **
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Lakhvir 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 protection under the Convention
Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We
*
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).
review for substantial evidence factual findings. Farah v. Ashcroft, 348 F.3d 1153,
1156 (9th Cir. 2003). We deny the petition for review.
Substantial evidence supports the agency’s denial of Singh’s CAT claim
because it is based on the same statements the agency found not credible, and the
record does not otherwise compel the finding that it is more likely than not he
would be tortured if returned to India. See id. at 1156-57. In addition, the record
belies Singh’s contention that the agency disregarded his supporting evidence. We
note that the IJ did not admit Exhibit H into the record, and Singh did not challenge
that decision. Accordingly, Singh’s CAT claim fails.
PETITION FOR REVIEW DENIED.
2 08-74772