Avtar Singh v. ERIC H. HOLDER, JR., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
AVTAR SINGH,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
No. 10-72358
Agency No. A076-860-078
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted April 8, 2014
San Francisco, California
Before: NOONAN, NGUYEN, and WATFORD, Circuit Judges.
1. The Board of Immigration Appeals (BIA) did not abuse its discretion in
affirming the Immigration Judge’s discretionary denial of asylum. Substantial
evidence supports the conclusion that Avtar Singh had engaged in marriage fraud.
Immigration fraud is a proper consideration in a discretionary denial of asylum.
Hosseini v. Gonzales, 471 F.3d 953, 957 (9th Cir. 2006). The BIA properly
FILED
APR 14 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.

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weighed this adverse factor alongside all other relevant considerations, including
favorable factors such as family reunification. See Kalubi v. Ashcroft, 364 F.3d
1134, 1139 (9th Cir. 2004). The denial is thus neither “manifestly contrary to the
law [nor] an abuse of discretion.” 8 U.S.C. § 1252(b)(4)(D).
2. Singh’s Convention Against Torture (CAT) claim is moot. The BIA
granted Singh withholding of removal, the broadest relief that would be available
to him under CAT. See 8 C.F.R. § 1208.16(c)(4).
PETITION FOR REVIEW DENIED.

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