Lakhvir Singh 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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
LAKHVIR SINGH,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-74772
Agency No. A079-290-943
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 21, 2012**
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Lakhvir Singh, a native and citizen of India, petitions for review of the
Board of Immigration Appeals’ order dismissing his appeal from an immigration
judge’s (“IJ”) decision denying his application for protection under the Convention
Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We
FILED
MAR 02 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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review for substantial evidence factual findings. Farah v. Ashcroft, 348 F.3d 1153,
1156 (9th Cir. 2003). We deny the petition for review.
Substantial evidence supports the agency’s denial of Singh’s CAT claim
because it is based on the same statements the agency found not credible, and the
record does not otherwise compel the finding that it is more likely than not he
would be tortured if returned to India. See id. at 1156-57. In addition, the record
belies Singh’s contention that the agency disregarded his supporting evidence. We
note that the IJ did not admit Exhibit H into the record, and Singh did not challenge
that decision. Accordingly, Singh’s CAT claim fails.
PETITION FOR REVIEW DENIED.

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