Santam Singh v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SANTAM SINGH,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-70815
Agency No. A096-133-335
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 26, 2013**
Pasadena, California
Before: O’SCANNLAIN and CHRISTEN, Circuit Judges, and COGAN, District
Judge.***
Santam Singh, an Indian national, petitions for review of the Board of
Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s (“IJ”)
FILED
SEP 10 2013
MOLLY C. DWYER, CL
U.S. COURT OF APPEA
* 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).
*** The Honorable Brian M. Cogan, U.S. District Judge for the Eastern
District of New York, Brooklyn, sitting by designation.

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decision declaring his asylum application frivolous. Petitioner claims that the
BIA’s affirmance was error, because Petitioner did not make a deliberate
misrepresentation due to ineffective assistance of counsel, and because Petitioner
received inadequate notice of his right to counsel. These arguments lack merit.
First, Petitioner concedes that he knew the statements in his asylum
application and interview were false when made. Petitioner’s argument that his
lawyer told him to lie thus only explains why he lied, rather than suggest that his
lies were unknowing or involuntary. Second, the asylum application signed by
Petitioner contained written warnings that adequately notified him “of both the
consequences of knowingly filing a frivolous application for asylum as well as the
privilege of being represented by counsel, as required by 8 U.S.C. §
1158(d)(4)(A).” Cheema v. Holder, 693 F.3d 1045, 1049 (9th Cir. 2012).
PETITION DENIED.
2

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