Bhattal v. Gonzales

134 F. App'x 217

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 17, 2005
• Docket: No. 04-73086; Agency No. A95-406-787
• Status: Published

Opinion

MEMORANDUM

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Kuldip Singh Bhattal, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance of an Immigration Judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence an adverse credibility determination, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and we deny the petition.

Substantial evidence supports the BIA’s adverse credibility finding. The BIA offered specific, cogent reasons for the decision based on inconsistencies between petitioner’s testimony and documentary evidence regarding his identity. See id. at 1043; Sidhu v. INS, 220 F.3d 1085, 1092 (9th Cir.2000) (stating that the IJ may require corroboration if credibility is suspect).

Because petitioner failed to demonstrate that he was eligible for asylum, it follows that he did not satisfy the more stringent standard for withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

In addition, substantial evidence supports the denial of relief under CAT. See id. at 1157.

PETITION FOR REVIEW DENIED.

PETITION DENIED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.