Surinder Kaur Patti 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.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
KAD/Research 1
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SURINDER KAUR PATTI,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-71404
Agency No. A099-339-834
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 15, 2009**
Before: GOODWIN, WALLACE, and CLIFTON, Circuit Judges.
Surinder Kaur Patti, a native and citizen of India, petitions for review of the
Board of Immigration Appeals’ order summarily affirming an immigration judge’s
(“IJ”) decision denying her application for asylum, withholding of removal, and
FILED
DEC 28 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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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 for review.
Substantial evidence supports the IJ’s adverse credibility determination
because Patti’s testimony was inconsistent with her documentary evidence
concerning the events following her release from police detention and leading up to
her departure from India, see Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.
2001), and Patti did not persuasively explain these inconsistencies, see Don v.
Gonzales, 476 F.3d 738, 741-42 (9th Cir. 2007). In the absence of credible
testimony, Patti’s asylum and withholding of removal claims fail. See Farah v.
Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
Because Patti’s CAT claim is based on the testimony the IJ found not
credible, and Patti points to no other evidence to show it is more likely than not she
would be tortured if returned to India, her CAT claim fails. See id. at 1156-57.
PETITION FOR REVIEW DENIED.

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