Jaspal Singh v. Eric H. Holder Jr

Ninth Circuit

Jaspal Singh v. Eric H. Holder Jr

515 F. App'x 697

CourtCourt of Appeals for the Ninth Circuit

DecidedApril 19, 2013

Docket08-74062

StatusUnpublished

This text of 515 F. App'x 697 (Jaspal Singh v. Eric H. Holder Jr) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jaspal Singh v. Eric H. Holder Jr, 515 F. App'x 697 (9th Cir. 2013).

Pincite

Opinion

MEMORANDUM **

In this post-REAL ID Act case, Petitioner Jaspal Singh seeks review of a decision by the Board of Immigration Appeals (“BIA”) that adopts an immigration *698 judge’s (“IJ”) ruling, which denied his claims for asylum, withholding of removal, and protection under the Convention Against Torture. “Where, as here, the BIA adopts the IJ’s decision while adding some of its own reasoning, we review both decisions.” Lopez-Cardona v. Holder, 662 F.3d 1110, 1111 (9th Cir.2011). The IJ found, and the BIA affirmed, that Singh was not credible. Because the record does not compel a contrary conclusion, we deny the petition. See 8 U.S.C. § 1252(b)(4)(B) (“[Ajdministrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary....”).

The IJ had authority to require reasonably obtainable corroboration of Petitioner’s testimony. Aden v. Holder, 589 F.3d 1040, 1044-45 (9th Cir.2009). She told Petitioner that he had to provide corroborative evidence and continued his case so that he would have an opportunity to obtain it. Petitioner, however, failed to produce such evidence, and the record does not compel the conclusion that the evidence was unavailable. See 8 U.S.C. § 1252(b)(4) (“No court shall reverse a determination made by a trier of fact with respect to the availability of corroborating evidence ... unless the court finds ... that a reasonable trier of fact is compelled to conclude that such corroborating evidence is unavailable.”). Although the IJ could have found Petitioner credible even without corroboration, Aden, 589 F.3d at 1044, the record did not compel her to do so, 8 U.S.C. § 1252(b)(4)(B). Similarly, because the record does not compel a contrary conclusion, it was permissible for the IJ to find that Petitioner had not established eligibility for asylum, withholding of removal, or protection under the Convention Against Torture.

Petition DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Free access — add to your briefcase to read the full text and ask questions with AI

MEMORANDUM **

In this post-REAL ID Act case, Petitioner Jaspal Singh seeks review of a decision by the Board of Immigration Appeals (“BIA”) that adopts an immigration *698 judge’s (“IJ”) ruling, which denied his claims for asylum, withholding of removal, and protection under the Convention Against Torture. “Where, as here, the BIA adopts the IJ’s decision while adding some of its own reasoning, we review both decisions.” Lopez-Cardona v. Holder, 662 F.3d 1110, 1111 (9th Cir.2011). The IJ found, and the BIA affirmed, that Singh was not credible. Because the record does not compel a contrary conclusion, we deny the petition. See 8 U.S.C. § 1252(b)(4)(B) (“[Ajdministrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary....”).

The IJ had authority to require reasonably obtainable corroboration of Petitioner’s testimony. Aden v. Holder, 589 F.3d 1040, 1044-45 (9th Cir.2009). She told Petitioner that he had to provide corroborative evidence and continued his case so that he would have an opportunity to obtain it. Petitioner, however, failed to produce such evidence, and the record does not compel the conclusion that the evidence was unavailable. See 8 U.S.C. § 1252(b)(4) (“No court shall reverse a determination made by a trier of fact with respect to the availability of corroborating evidence ... unless the court finds ... that a reasonable trier of fact is compelled to conclude that such corroborating evidence is unavailable.”). Although the IJ could have found Petitioner credible even without corroboration, Aden, 589 F.3d at 1044, the record did not compel her to do so, 8 U.S.C. § 1252(b)(4)(B). Similarly, because the record does not compel a contrary conclusion, it was permissible for the IJ to find that Petitioner had not established eligibility for asylum, withholding of removal, or protection under the Convention Against Torture.

Petition DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Cite This Page — Counsel Stack

Bluebook (online)

515 F. App'x 697, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jaspal-singh-v-eric-h-holder-jr-ca9-2013.

Opinion

Related

Cite This Page — Counsel Stack