Filed: Jul. 02, 2020
Latest Update: Jul. 02, 2020
Summary: Case: 19-14202 Date Filed: 07/02/2020 Page: 1 of 5 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ No. 19-14202 Non-Argument Calendar _ Agency No. A216-265-738 SUKHVIR SINGH, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. _ Petition for Review of a Decision of the Board of Immigration Appeals _ (July 2, 2020) Before WILLIAM PRYOR, Chief Judge, JILL PRYOR and ANDERSON, Circuit Judges. PER CURIAM: Case: 19-14202 Date Filed: 07/02/2020 Page: 2 of 5 Sukhvir
Summary: Case: 19-14202 Date Filed: 07/02/2020 Page: 1 of 5 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ No. 19-14202 Non-Argument Calendar _ Agency No. A216-265-738 SUKHVIR SINGH, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. _ Petition for Review of a Decision of the Board of Immigration Appeals _ (July 2, 2020) Before WILLIAM PRYOR, Chief Judge, JILL PRYOR and ANDERSON, Circuit Judges. PER CURIAM: Case: 19-14202 Date Filed: 07/02/2020 Page: 2 of 5 Sukhvir ..
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Case: 19-14202 Date Filed: 07/02/2020 Page: 1 of 5
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 19-14202
Non-Argument Calendar
________________________
Agency No. A216-265-738
SUKHVIR SINGH,
Petitioner,
versus
U.S. ATTORNEY GENERAL,
Respondent.
________________________
Petition for Review of a Decision of the
Board of Immigration Appeals
________________________
(July 2, 2020)
Before WILLIAM PRYOR, Chief Judge, JILL PRYOR and ANDERSON, Circuit
Judges.
PER CURIAM:
Case: 19-14202 Date Filed: 07/02/2020 Page: 2 of 5
Sukhvir Singh, a native and citizen of India, petitions pro se for review of an
order affirming the denial of his applications for asylum and withholding of
removal under the Immigration and Nationality Act and for relief under the United
Nations Convention Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment. 8 U.S.C. §§ 1158(b), 1231(b)(3). Initially, the
immigration judge held an evidentiary hearing and denied Singh’s applications, but
the Board of Immigration Appeals remanded for the immigration judge “to further
address Singh’s credibility in light of his corroborating evidence.” On remand, the
immigration judge considered the newest country report with the existing record
and again denied Singh’s applications. The immigration judge found that Singh
was not credible and that his remaining evidence failed to establish his eligibility
for immigration relief. We deny Singh’s petition.
To the extent the Board adopted the reasoning of the immigration judge, we
also review his decision. Ayala v. U.S. Att’y Gen.,
605 F.3d 941, 947–48 (11th Cir.
2010). We apply “a highly deferential” test to determine whether the decision “is
supported by reasonable, substantial, and probative evidence on the record
considered as a whole.” Ruiz v. U.S. Att’y Gen.,
440 F.3d 1247, 1255 (11th Cir.
2006) (quoting Al Najjar v. Ashcroft,
257 F.3d 1262, 1283–84 (11th Cir. 2001)).
Under that test, we view the evidence in the light most favorable to the decision
and draw all reasonable inferences in favor of it.
Id. We cannot disturb a factual
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finding unless “the record compels a reversal; the mere fact that the record may
support a contrary conclusion is not enough to justify a reversal of the
administrative findings.”
Id. (quoting Adefemi v. Ashcroft,
386 F.3d 1022, 1027
(11th Cir. 2004) (en banc)).
Substantial evidence supports the finding that Singh was not credible, and
the Board and immigration judge provided specific, cogent reasons to support that
finding. See
id. Singh based his claim of persecution on his membership in the
Shiromani Akali Dal Amritsar Party and two incidents involving the rival
Bharatiya Janata Party, but his written application, testimony, and corroborating
evidence contained inconsistencies about the treatment of his parents. Although
affidavits from his mother, the head of his village, and a priest stated that members
of the Bharatiya Party and police officers killed Singh’s father because of his
involvement in the Akali Dal party, Singh never mentioned that his father’s death
was politically motivated. The Board reasonably found that the inconsistency
“significantly undercut [Singh’s] credibility” because he had “alleged that he and
his father were both active in the same political party” and his application asked
whether any family members had experienced past harm or mistreatment. Singh
was asked during the removal hearing if he knew anyone else who had been
maltreated by the Bharatiya Party and he responded that he had “heard of other
people being persecuted like this, although I don’t know them personally.” Singh
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also testified that members of the Bharatiya Party had “been to the house two or
three times to threaten” his family and had threatened his mother in December
2017 and February 2018, but neither Singh’s application nor his mother’s affidavit
mentioned that she had been threatened. Singh’s mother described Singh’s two
encounters with the Bharatiya Party and two later inquiries about his whereabouts.
When asked why his mother’s affidavit failed to “reference any time that she or
[his] other family members were threatened,” Singh answered only that she had
stated “in June of 2017 she was threatened.” And Singh failed to account for why
his mother’s affidavit stated that “the BJP men . . . threatened . . . [to] kill him.”
Singh fails to explain how this record would compel a reasonable fact finder to
credit his testimony and grant him relief. See Forgue v. U.S. Att’y Gen.,
401 F.3d
1282, 1287 (11th Cir. 2005).
Singh has abandoned any challenge that he could have made to the finding
of the Board that no “evidence of record . . . independently establish[ed] his
eligibility for asylum, withholding of removal, or protection under the Convention
Against Torture in the absence of credible testimony.” When a petitioner “fails to
offer argument on an issue, that issue is abandoned.” Sepulveda v. U.S. Att’y Gen.,
401 F.3d 1226, 1228 n.2 (11th Cir. 2005). Singh argues only that, “[t]aking his
testimony as true, he establishe[d]” he suffered past persecution and has a well-
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founded fear of future persecution. Because Singh does not argue that the
remaining evidence would entitle him to relief, he has abandoned that issue.
Singh also argues that he “established a pattern or practice of persecution of
similarly-situated individuals, associated with the Akali Dal” Party to support his
claim of a well-founded fear of future persecution, but we lack jurisdiction to
review that argument. “[T]he rules are clear: before proceeding to federal court, an
alien must exhaust his or her administrative remedies.” Amaya-Artunduaga v. U.S.
Att’y Gen.,
463 F.3d 1247, 1250 (11th Cir. 2006) (quoting Sundar v. INS,
328 F.3d
1320, 1323 (11th Cir. 2003)). Singh did not present his argument about a pattern or
practice to the immigration judge or meaningfully discuss the issue in his appeal to
the Board. Because Singh “without excuse or exception, failed to [exhaust] his
claim . . ., we lack jurisdiction to consider it under the clear dictates of circuit
precedent.”
Id.
We DENY Singh’s petition for review.
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