Singh v. Lynch

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Petitioner, a native and citizen of India, petitioned for review of the BIA's denial of asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Petitioner testified that had suffered persecution on account of his membership in the Nirankari sect of the Sikh faith. The IJ found petitioner's testimony was not credible and the BIA agreed with the IJ's finding. The court concluded that the IJ acted within the confines of the REAL ID Act, 8 U.S.C. 1158, by considering the totality of the circumstances and basing her credibility determination on the inherent implausibility of petitioner’s account and its inconsistency with record evidence, including the Amnesty International report. Accordingly, given the language of the REAL ID Act, the IJ’s finding and the BIA’s conclusion of implausibility based on record evidence is permissible. Further, the court's precedent forecloses petitioner's argument that the BIA's decision was based on speculation and the BIA correctly concluded that because petitioner failed to qualify for asylum, he necessarily fails to satisfy the more stringent standard of withholding of removal. Finally, petitioner's claim under the CAT is based on the same statements regarding his claims for asylum and withholding of removal, and therefore, his claim for CAT relief failed. The court denied the petition for review. View "Singh v. Lynch" on Justia Law