Avtar Singh v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION JUN 12 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
AVTAR SINGH, No. 10-71645
Petitioner, Agency No. A070-530-104
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted June 4, 2014
Seattle, Washington
Before: McKEOWN and WATFORD, Circuit Judges, and ROTHSTEIN, Senior
District Judge.**
Avtar Singh petitions for review of the Board of Immigration Appeals’
(BIA) decision affirming the Immigration Judge’s (IJ) denial of asylum,
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The Honorable Barbara Jacobs Rothstein, Senior District Judge for the
U.S. District Court for the Western District of Washington, sitting by designation.
Page 2 of 2
withholding of removal, and protection under the Convention Against Torture. He
appeals only the denial of his asylum claim.
The IJ’s adverse credibility determination is supported by substantial
evidence. Singh testified inconsistently about whether he was engaged in any
political activity after his arrest in 1991, as well as the nature and scope of any
such political activity. He was also unable to adequately explain the apparent
inconsistency in his whereabouts during the nine-month period following his
arrest. As the BIA correctly concluded, these inconsistencies about his
whereabouts and whether he engaged in further political activities after his arrest
go to the heart of his claim. See Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.
2001). On the basis of this record, a reasonable factfinder would not be compelled
to conclude that Singh testified consistently and credibly regarding events central
to his asylum claim. See INS v. Elias-Zacarias, 502 U.S. 478, 481 n.1 (1992).
PETITION FOR REVIEW DENIED.