Shunxing Song v. Eric H. Holder Jr.

439 F. App'x 638

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 23, 2011
• Docket: 09-70108
• Status: Unpublished

Opinion

MEMORANDUM **

Chher 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 asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004), and we deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination because the IJ made a specific and cogent demeanor finding, see Arulampalam v. Ashcroft, 353 F.3d 679, 686 (9th Cir.2003), and because Singh’s testimony was inconsistent with his asylum interview statements regarding the nature and extent of the claimed beating and resulting injury, see Li, 378 F.3d. at 962-64. In the absence of credible testimony, Singh’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

Because Singh’s CAT claim is based on the same testimony found to be not credible, and he points to no other evidence the IJ should have considered, substantial evidence also supports the denial of CAT relief. See id. at 1156-57.

Finally, we reject Singh’s contention that the agency failed to adequately consider his documentary evidence. See Larita-Martinez v. INS, 220 F.3d 1092, 1096 (9th Cir.2000) (petitioner must overcome the presumption the agency considered all the evidence).

PETITION FOR REVIEW DENIED.

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