Singh v. Sessions
707 F. App'x 49
| 2d Cir. | 2017Background
- Sunder Singh, a citizen of India, challenges a BIA decision affirming an IJ denial of asylum, withholding of removal, and CAT relief.
- The IJ found Singh unreliable and denied relief based on an adverse credibility ruling under the REAL ID Act.
- Singh testified about a 2012 beating of his brother by Congress Party members at a sweet shop and threats in 2013, which the record contradicts with other documents.
- Credibility inconsistencies include: brother’s presence at the shop, brother’s 2008 flight, and Singh’s own statements in credible fear interview and asylum filings.
- Singh attempted to reconcile discrepancies, but the IJ discounted his explanations as implausible.
- The BIA affirmed the IJ’s adverse credibility finding, and Singh petitioned this Court for review, which is denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the adverse credibility determination is supported | Singh argues inconsistencies were not fatal | Government contends inconsistencies support denial | Yes; credibility supported by totality of circumstances |
| Whether inconsistencies go to the heart of the claims | Singh challenges centrality of inconsistencies | Inconsistencies pertain to core factual predicate | Yes; inconsistencies go to heart of claims |
| Whether the credibility finding de facto defeats all relief requests | Singh contends credibility finding should not bar all relief | Because all relief rests on same facts, finding defeats all | Yes; credibility is dispositive for asylum, withholding, and CAT |
Key Cases Cited
- Majidi v. Gonzales, 430 F.3d 77 (2d Cir. 2005) (agency not required to credit merely plausible explanations for inconsistencies)
- Ming Zhang v. Holder, 585 F.3d 715 (2d Cir. 2009) (nervousness at interview does not automatically undermine reliability)
- Xiu Xia Lin v. Mukasey, 534 F.3d 162 (2d Cir. 2008) (totality of circumstances standard for adverse credibility determinations)
- Xian Tuan Ye v. Dep’t of Homeland Sec., 446 F.3d 289 (2d Cir. 2006) (one inconsistency can support adverse credibility if central to claim)
- Paul v. Gonzales, 444 F.3d 148 (2d Cir. 2006) (credibility determines asylum relief when predicate facts are contested)
- Yun-Zui Guan v. Gonzales, 432 F.3d 391 (2d Cir. 2005) (standard review of credibility determinations under REAL ID Act)
- Yanqin Weng v. Holder, 562 F.3d 510 (2d Cir. 2009) (appropriate framework for reviewing BIA credibility findings)