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SINGH v. GARLAND (2021)

United States Court of Appeals, Ninth Circuit.2021-03-23No. No. 16-73414

Summary

Holding. The petition for review is denied, and the Board of Immigration Appeals' dismissal of Singh's appeal is affirmed.

Dharminder Singh, an Indian citizen, sought asylum, withholding of removal, and relief under the Convention Against Torture. The immigration judge denied his application, and the Board of Immigration Appeals dismissed his appeal. Singh petitioned for review of these decisions. The court found that substantial evidence supported the agencies' conclusion that Singh was not a credible witness, based on significant inconsistencies between his testimony at the removal hearing and his earlier statements in his declaration and credible fear interview regarding details central to his claims, such as the appearance of his attackers, their threats, and the injuries he sustained. Although the immigration judge's demeanor findings lacked sufficient specificity to support the credibility determination, the documented inconsistencies alone provided adequate evidentiary support for that conclusion.

The court also upheld the agencies' determinations regarding the remaining claims. Documentary evidence, including letters from political party members and family members and friends, did not independently establish Singh's eligibility for asylum or withholding of removal, particularly given his lack of credibility. Finally, substantial evidence supported the conclusion that Singh failed to demonstrate eligibility for Convention Against Torture relief, as the record contained insufficient evidence that mistreatment of Sikhs or members of his alleged political organization in India rose to the level of torture or that Singh would be specifically targeted for such treatment.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether substantial evidence supports an adverse credibility determination based on inconsistencies in testimony
  • Whether vague demeanor findings can support an adverse credibility determination
  • Whether documentary evidence alone establishes eligibility for asylum or withholding of removal
  • Whether the petitioner established eligibility for Convention Against Torture relief

Procedural posture

Singh petitioned for review of the Board of Immigration Appeals' dismissal of his appeal of the immigration judge's denial of his applications for asylum, withholding of removal, and Convention Against Torture relief.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

MEMORANDUM ***

Dharminder Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal of the immigration judges (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture. We deny the petition.

1. Substantial evidence supports the agencys determination that Singh was not a credible witness. Both the BIA and IJ identified numerous inconsistencies between Singhs testimony in his removal hearing, on the one hand, and his declaration and the interview notes from his credible fear interview, on the other. The inconsistencies were not trivial. They related to the appearance of Singhs alleged attackers, the threats they made to him, and the injuries he suffered at their hands—all issues central to his claim. Singh was not able to account for these discrepancies other than to say he had forgotten things. In light of these inconsistencies, the record does not compel the conclusion that Singh was a credible witness.

Although the adverse credibility determination was supported by substantial evidence, the IJs findings as to Singhs demeanor do not support the adverse credibility determination. The IJ found generally that Singh was “nonresponsive” and “evasive” on cross-examination. An IJs demeanor findings should “specifically and cogently refer to [an] aspect of [the petitioners] demeanor, a term which we have described as including the expression of his countenance, how he sits or stands, whether he is inordinately nervous, his coloration during critical examination, the modulation or pace of his speech and other non-verbal communication.” Arulampalam v. Ashcroft, 353 F.3d 679, 686 (9th Cir. 2003) (internal quotation marks and citation omitted). Here, the IJ did not identify any specific instances of Singhs evasiveness or nonresponsiveness, nor did he identify specific nonverbal behaviors that Singh displayed. The IJs demeanor findings therefore do not support the adverse credibility determination. Nonetheless, even without the demeanor findings, the inconsistencies identified by the BIA and IJ provided substantial evidence that Singh was not credible.

2. Substantial evidence supports the BIAs and IJs determination that the documentary evidence alone did not establish Singhs eligibility for asylum or withholding of removal. The BIA and IJ reasonably concluded that the letters from a political party leader and another party member did not support Singhs claim because they either did not detail the alleged attacks on Singh or gave details inconsistent with those Singh gave. Additionally, given Singhs noncredible testimony, the record does not compel the conclusion that the letters from his family members and friends were sufficient alone to establish his eligibility for asylum and withholding of removal.

3. Substantial evidence supports the agencys determination that Singh failed to establish his eligibility for relief under the Convention Against Torture. Singh does not point to any specific evidence in the record that contradicts the IJs conclusion that there was “little evidence present to suggest that mistreatment of Sikhs or SADM members in India in particular rises to the level of torture,” or that Singh “would otherwise be specifically targeted for it.”

PETITION DENIED.