Bhullar v. Holder ( 2010 )

FILED
UNITED STATES COURT OF APPEALS DEC 16 2010
MOLLY C. DWYER, CLERK
FOR THE NINTH CIRCUIT U.S . CO U RT OF AP PE A LS
NARINDER SINGH BHULLAR, No. 07-73079
Petitioner, Agency No. A079-289-750
v.
ORDER
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
Before: ALARCMN, LEAVY, and GRABER, Circuit Judges.
Bhullar's petition for panel rehearing is granted.
The memorandum disposition filed on July 14, 2010, is withdrawn. A
replacement memorandum disposition is being filed concurrently with this order.
FILED
NOT FOR PUBLICATION DEC 16 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S . CO U RT OF AP PE A LS
FOR THE NINTH CIRCUIT
NARINDER SINGH BHULLAR, No. 07-73079
Petitioner, Agency No. A079-289-750
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 29, 2010**
Before: ALARCMN, LEAVY, and GRABER, Circuit Judges.
Narinder Singh Bhullar, a native and citizen of India, petitions for review of
the Board of Immigration Appeals' order dismissing his appeal from an
immigration judge's decision denying his application for asylum, withholding of
removal, and protection under the Convention Against Torture ('CAT'). We have
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
jurisdiction under 8 U.S.C. y 1252. We review for substantial evidence, Husyev v.
Muµasey, 528 F.3d 1172, 1177 (9th Cir. 2008), and we deny the petition.
Substantial evidence supports the agency's adverse credibility determination
based on the implausibility of Bhullar's documents being prepared originally in
English, as well as the inconsistency between Bhullar's testimony that he could
disguise himself as a monµ because he could speaµ both Hindi and Punjabi, and his
application stating that he spoµe only Punjabi. See Don v. Gonzales, 476 F.3d
738, 743 (9th Cir. 2007). In the absence of credible testimony, Bhullar's asylum
and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153,
1156 (9th Cir. 2003).
Because Bhullar's CAT claim is based on the same statements found to be
not credible, and he does not point to any other evidence in the record that compels
the conclusion that it is more liµely than not that he would be tortured if returned to
India, substantial evidence supports the agency's denial of CAT. See id. at
1156-57.
PETITION FOR REVIEW DENIED.
2 07-73079