Krishan Jiwan Kapoor v. ERIC H. HOLDER, JR., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
KRISHAN JIWAN KAPOOR,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
No. 07-74977
Agency No. A097-114-961
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted October 12, 2011
San Francisco, California
Before: B. FLETCHER, REINHARDT, and TASHIMA, Circuit Judges.
Krishan Jiwan Kapoor, a native and citizen of India, petitions for review of
the decision of the Board of Immigration Appeals affirming the Immigration
Judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and
protection under the Convention Against Torture (“CAT”). We have jurisdiction
FILED
OCT 24 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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under 8 U.S.C. § 1252. We review for substantial evidence and deny the petition
for review.
Substantial evidence supports the IJ’s adverse credibility determination. The
IJ identified specific inconsistencies in Kapoor’s testimony and the medical
documents he presented that relate to the injuries and incidents of persecution at
the heart of his claims. See Pal v. INS, 204 F.3d 935, 938 (9th Cir. 2000). In the
absence of credible evidence, Kapoor has failed to show eligibility for asylum or
withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.
2003).
Because Kapoor’s CAT claim is based on the same testimony the agency
found not credible, substantial evidence also supports denial of relief under the
CAT. See id. at 1156-57.
PETITION FOR REVIEW DENIED.

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