Jai Deep 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 finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
KV/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JAI DEEP,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-70597
Agency No. A096-166-397
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Jai Deep, a native and citizen of India, petitions for review of the Board of
Immigration Appeals’ order dismissing his appeal from an immigration judge’s
decision denying his application for asylum, withholding of removal, and relief
FILED
DEC 14 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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KV/Research 07-70597 2
under the Convention Against Torture (“CAT”). We have jurisdiction under 8
U.S.C. § 1252. We review for substantial evidence, Li v. Ashcroft, 378 F.3d 959,
962 (9th Cir. 2004), and we deny the petition for review.
Substantial evidence supports the agency’s adverse credibility determination
based upon Deep’s failure to mention in his asylum application that Indian police
continued to frequently visit his parents’ home since his February 2002 arrest. See
id. at 962-63, 964 (adverse credibility determination is supported where at least
one of the identified grounds is supported by substantial evidence and goes to the
heart of the claim). In the absence of credible testimony, Deep’s asylum and
withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156
(9th Cir. 2003).
Because Deep’s CAT claim is based on testimony the agency found not
credible, and there is no evidence in the record that compels a finding that it is
more likely than not he would be tortured if returned to India, his CAT claim fails.
See id. at 1156-57.
PETITION FOR REVIEW DENIED.

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