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Arora v. Holder

United States Court of Appeals, Ninth Circuit
Nov 1, 2010
402 F. App'x 261 (9th Cir. 2010)

Opinion

No. 07-71958.

Submitted October 19, 2010.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed November 1, 2010.

Bruce C. Wong, Esq., Duxford Law Group, San Francisco, CA, for Petitioner.

Ronald E. LeFevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, Oil, DOJ-U.S. Department of Justice, Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A096-155-787.

Before: O'SCANNLAIN, LEAVY, and TALLMAN, Circuit Judges.



MEMORANDUM

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

Surinder Kumar Arora, 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 jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, Husyev v. Mukasey, 528 F.3d 1172, 1177 (9th Cir. 2008), and we deny the petition.

Substantial evidence supports the IJ's adverse credibility determination because the IJ made a specific and cogent demeanor finding, see Arulampalam v. Asheroft, 353 F.3d 679, 686 (9th Cir. 2003), and because Arora's testimony regarding his injuries was inconsistent with his medical documents, see Goel v. Gonzales, 490 F.3d 735 (9th Cir. 2007) (per curiam). In the absence of credible testimony, Arora's asylum and withholding of removal claims fail. See Farah v. Asheroft, 348 F.3d 1153, 1156 (9th Cir. 2003).

Because Arora'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.

PETITION FOR REVIEW DENIED.


Summaries of

Arora v. Holder

United States Court of Appeals, Ninth Circuit
Nov 1, 2010
402 F. App'x 261 (9th Cir. 2010)
Case details for

Arora v. Holder

Case Details

Full title:Surinder Kumar ARORA, Petitioner, v. Eric H. HOLDER, Jr., Attorney…

Court:United States Court of Appeals, Ninth Circuit

Date published: Nov 1, 2010

Citations

402 F. App'x 261 (9th Cir. 2010)