Daljit Singh v. Loretta Lynch


UNPUBLISHED OPINION FILED. [16-60676 Affirmed] Judge: FPB, Judge: LHS, Judge: GJC. Mandate pull date is 11/20/2017 [16-60676]

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Case: 16-60676 Document: 00514176359 Page: 1 Date Filed: 09/29/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-60676 Summary Calendar FILED September 29, 2017 Lyle W. Cayce Clerk DALJIT SINGH, Petitioner v. JEFFERSON B. SESSIONS, III, U. S. ATTORNEY GENERAL, Respondent Petition for Review of an Order of the Board of Immigration Appeals BIA No. A200 944 798 Before BENAVIDES, SOUTHWICK, and COSTA, Circuit Judges. PER CURIAM: * Daljit Singh, a native and citizen of India who entered the United States without admission or parole, petitions for review of the order of the Board of Immigration Appeals (BIA) dismissing his appeal of the denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). With respect to his asylum and withholding-of-removal claims, Singh challenges the immigration judge’s Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * Case: 16-60676 Document: 00514176359 Page: 2 Date Filed: 09/29/2017 No. 16-60676 finding that his testimony was not credible, but he fails to show that it is plain from the totality of the circumstances that “no reasonable fact-finder could make such an adverse credibility ruling.” Wang v. Holder, 569 F.3d 531, 538 (5th Cir. 2009) (internal quotation marks and citation omitted). The BIA found it unnecessary to review the merits of his claims apart from the adverse credibility finding, which was fatal to the claims. Likewise, we conclude that the denial of relief turned on the assessment of Singh’s credibility. See Chun v. INS, 40 F.3d 76, 78-79 (5th Cir. 1994). In addition, Singh challenges the adverse credibility determination in the context of his CAT claim. Again, he has not shown that “any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252(b)(4)(B); see Zhang v. Gonzales, 432 F.3d 339, 344-45 (5th Cir. 2005). PETITION DENIED. 2

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