Surinder Singh v. Bd. of Immigr. Appeals, 438 F.3d 145 (2d Cir. 2006). · Go Syfert
Surinder Singh v. Bd. of Immigr. Appeals, 438 F.3d 145 (2d Cir. 2006). Cases Citing This Book View Copy Cite
134 citation events (134 in the last 25 years) across 2 distinct courts.
Strongest positive: Singh v. Garland (ca2, 2024-03-27)
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) Singh v. Garland
2d Cir. · 2024 · confidence medium
See Mei Chai Ye v. U.S. Dep’t of Just., 489 F.3d 517, 524 (2d Cir. 2007) (“[T]his court has . . . firmly embraced the commonsensical notion that striking similarities between affidavits are an indication that the statements are ‘canned.’”); Singh v. BIA, 438 F.3d 145, 148 (2d Cir. 2006) (upholding agency’s reliance on “nearly identical language in the written affidavits allegedly provided by different people”).
discussed Cited as authority (rule) Singh v. Garland
2d Cir. · 2023 · confidence medium
See Mei Chai Ye v. U.S. Dep’t of Just., 489 15 F.3d 517, 524 (2d Cir. 2007) (“[T]his court has . . . firmly 16 embraced the commonsensical notion that striking similarities 17 between affidavits are an indication that the statements are 18 ‘canned.’”); Singh v. BIA, 438 F.3d 145, 148 (2d Cir. 2006) 19 (upholding agency’s reliance on “nearly identical language in 20 the written affidavits allegedly provided by different 21 people”).
cited Cited as authority (rule) Khorshe Alam v. Garland
2d Cir. · 2023 · confidence medium
Singh 11 v. BIA, 438 F.3d 145, 148 (2d Cir. 2006). 12 Here, the agency failed to consider the totality of the 13 circumstances.
discussed Cited as authority (rule) Ye v. Garland
2d Cir. · 2023 · confidence medium
See Mei Chai 17 Ye v. U.S. Dep’t of Just., 489 F.3d 517, 524 (2d Cir. 2007) 18 (“[T]his court has . . . firmly embraced the commonsensical 19 notion that striking similarities between affidavits are an 20 indication that the statements are ‘canned.’”); Singh v. 21 B.I.A., 438 F.3d 145, 148 (2d Cir. 2006) (upholding agency’s 22 reliance on “nearly identical language in the written 4 1 affidavits allegedly provided by different people”). 2 Although, as Ye argues, the affidavits are not carbon copies 3 of each other, they are nonetheless strikingly similar 4 because the sentences …
discussed Cited as authority (rule) Singh v. Garland
2d Cir. · 2022 · confidence medium
And Singh’s supporting affidavits further 19 undermined his credibility because they contained “nearly 20 identical language.” Singh v. BIA, 438 F.3d 145, 148 (2d 21 Cir. 2006); see also Mei Chai Ye v. U.S. Dep’t of Justice, 22 489 F.3d 517, 524 (2d Cir. 2007) (“[T]his court . . . has 4 1 firmly embraced the commonsensical notion that striking 2 similarities between affidavits are an indication that the 3 statements are ‘canned.’”). 4 In sum, the inconsistencies, omission, and canned 5 affidavits provide substantial evidence for the agency’s 6 adverse credibility determinatio…
discussed Cited as authority (rule) Kumar v. Garland
2d Cir. · 2022 · confidence medium
See Mei Chai Ye v. 18 U.S. Dep’t of Justice, 489 F.3d 517, 524 (2d Cir. 2007) 19 (“[T]his court has . . . firmly embraced the commonsensical 20 notion that striking similarities between affidavits are an 21 indication that the statements are ‘canned.’”); Singh v. BIA, 22 438 F.3d 145, 148 (2d Cir. 2006) (upholding adverse 5 1 credibility determination partly based on significantly 2 similar language in supporting affidavits). 3 The noted inconsistencies, implausibilities, and 4 similarities constitute substantial evidence supporting the 5 agency’s adverse credibility determination.
discussed Cited as authority (rule) Chhetri v. Garland
2d Cir. · 2022 · confidence medium
See Mei Chai Ye v. U.S. Dep’t of Justice, 18 489 F.3d 517, 524 (2d Cir. 2007) (“[O]ur case law on intra- 19 proceeding similarities has firmly embraced the 20 commonsensical notion that striking similarities between 21 affidavits are an indication that the statements are 5 1 ‘canned.’”); Singh v. BIA, 438 F.3d 145, 148 (2d Cir. 2006). 2 Given the inconsistencies about the attacks, Chhetri’s 3 late and unsupported allegation that he had been in hiding, 4 and the similarity of the supporting affidavits, substantial 5 evidence supports the agency’s adverse credibility 6 determinatio…
discussed Cited as authority (rule) Islam v. Barr
2d Cir. · 2020 · confidence medium
See Mei Chai Ye v. U.S. Dep’t of Justice, 489 F.3d 517, 524 (2d Cir. 2007) (“embrac[ing] the commonsensical notion that striking similarities between affidavits are an indication that the statements are ‘canned’”); Singh v. BIA, 438 F.3d 145, 148 (2d Cir. 2006) (upholding adverse credibility determination partly based on significantly similar language in supporting affidavits). 7 Given the inconsistencies between the credible fear interview and Islam’s testimony, Islam’s omission of the most serious incident of harm at his interview, the inconsistency between Islam’s and his fa…
discussed Cited as authority (rule) Singh v. Barr
2d Cir. · 2020 · confidence medium
See Matter of H-L-H- & Z-Y-Z-, 25 I. & N. Dec. 209, 215 (B.I.A. 2010) (finding that unsworn letters from the applicant’s friends and family did not provide substantial support for the applicant’s claims because they were from interested witnesses not subject to cross-examination), overruled on other grounds by Hui Lin Huang v. Holder, 677 F.3d 130 , 133– 38 (2d Cir. 2012); see also Y.C. v. Holder, 741 F.3d 324, 334 (2d Cir. 2013) (deferring to agency’s decision to give little weight to letter from applicant’s spouse in China); cf. Mei Chai Ye v. U.S. Dep’t of Justice, 489 F.3d 517,…
discussed Cited as authority (rule) Singh v. Barr
2d Cir. · 2020 · confidence medium
The agency also reasonably 21 declined to credit letters from village members and temple 22 representatives because the letters used identical language. 23 See Mei Chai Ye v. U.S. Dep’t of Justice, 489 F.3d 517 , 524 6 1 (2d Cir. 2007) (noting that we “ha[ve] firmly embraced the 2 commonsensical notion that striking similarities between 3 affidavits are an indication that the statements are 4 ‘canned’”); Surinder Singh v. BIA, 438 F.3d 145, 148 (2d Cir. 5 2006) (per curiam) (same). 6 Given the inconsistencies and the lack of reliable 7 corroboration, the adverse credibility determina…
discussed Cited as authority (rule) Singh v. Barr
2d Cir. · 2019 · confidence medium
See Y.C., 741 F.3d at 334 (deferring to agency decision to afford little weight to petitioner’s husband’s letter because it was unsworn and from an interested witness); see also In re H-L- H- & Z-Y-Z-, 25 I. & N. Dec. at 215 (finding letters from friends and family insufficient to support alien’s claims because the authors were interested witnesses not subject to cross-examination), overruled on other grounds by Hui Lin Huang, 677 F.3d at 133-38 ; Surinder Singh v. BIA, 438 F.3d 145, 148 (2d Cir. 2006) (determining that “the nearly identical language in the written affidavits allegedly…
discussed Cited as authority (rule) Singh v. Whitaker
2d Cir. · 2019 · confidence medium
Specifically, the IJ found that “all four affidavits contain statements with a similar linguistic structure, and in fact, the 2 affidavits from the Respondent’s parents are virtually identical and share many similarities with the affidavits from Mohinder Singh [a neighbor of Singh’s parents].” Id. at 27 (citing Singh v. Bd. of Immigration Appeals (Singh I), 438 F.3d 145, 148 (2d Cir. 2006) (per curiam)).
discussed Cited as authority (rule) Patel v. Sessions
2d Cir. · 2017 · confidence medium
Singh v. BIA, 438 F.3d 145, 148 (2d Cir. 2006) (upholding adverse credibility determination based in part on “nearly identical language” in affidavits); Siewe v. Gonzales, 480 F.3d 160, 170 (2d Cir. 2007) (“[A] single false document or a single instance of false testimony may (if attributable to petitioner) infect the balance of the alien’s uncorroborated or unauthenticated evidence.”).
discussed Cited as authority (rule) Min Wang v. Lynch
2d Cir. · 2016 · confidence medium
In other, words, we conclude that “(1) substantial evidence in the record relied on by the [BIA], considered in the aggregate, supports the [BIA’s] finding that petitioner lacked credibility, and (2) disregarding those aspects of the [BIA’s] reasoning that are tainted by error, we can state with confidence that the [BIA] would adhere to [its] decision were the petition remanded.” Siewe v. Gonzales, 480 F.3d 160, 166-67 (2d Cir. 2007) (quoting Singh v. BIA, 438 F.3d 145, 147-48 (2d Cir. 2006)).
cited Cited as authority (rule) Ming Zhang v. Lynch
2d Cir. · 2016 · confidence medium
See Mei Chai Ye v. U.S. Dep’t of Justice, 489 F.3d 517, 524 (2d Cir. 2007); Singh v. BIA, 438 F.3d 145, 148 (2d Cir. 2006).
cited Cited as authority (rule) Singh v. Lynch
2d Cir. · 2016 · confidence medium
See Mei Chai Ye v. U.S. Dep’t of Justice, 489 F.3d 517, 524 (2d Cir.2007); Surinder Singh v. BIA 438 F.3d 145,148 (2d Cir.2006).
cited Cited as authority (rule) Lanying Wang v. Lynch
2d Cir. · 2015 · confidence medium
Singh v. BIA, 438 F.3d 145, 148 (2d Cir.2006) (per cu-riam).
cited Cited as authority (rule) Singh v. Lynch
2d Cir. · 2015 · confidence medium
Surinder Singh v. BIA, 438 F.3d at 145, 148 (2d Cir.2006).
discussed Cited as authority (rule) Wanhang Lin v. Holder
2d Cir. · 2012 · confidence medium
Nevertheless, remand is not necessary as “we can state with confidence that the IJ would adhere to [her] decision were the petition remanded,” because there are “ample, error-free grounds that provide substantial evidence to support the IJ’s adverse credibility determination.” Singh v. BIA, 438 F.3d 145, 149-50 (2d Cir.2006) (per curiam) (quotations omitted).
discussed Cited as authority (rule) Hua Ren v. Holder
2d Cir. · 2012 · confidence medium
Even assuming this finding was in error, remand is not necessary as “we can state with confidence that the IJ would adhere to his decision were the petition remanded,” Xiao Ji Chen v. U.S. Dep’t of Justice, 434 F.3d 144, 161 (2d Cir.2006), and there are “ample, error-free grounds that provide substantial evidence to support the IJ’s adverse credibility determination,” Singh v. BIA, 438 F.3d 145, 149-50 (2d Cir.2006).
discussed Cited as authority (rule) Diallo v. Holder
2d Cir. · 2012 · confidence medium
But regardless of whether it was *54 reasonable to expect that the letter would describe past events, remand would not be necessary because “we can state with confidence that the IJ would adhere to his decision were the petition remanded,” because there are “ample, error-free grounds that provide substantial evidence to support the IJ’s adverse credibility determination.” Singh v. BIA, 438 F.3d 145, 149-50 (2d Cir.2006) (quotations omitted).
discussed Cited as authority (rule) Yilei Wang v. Holder
2d Cir. · 2012 · confidence medium
However, any error in the IJ’s reliance on this presumed discrepancy was harmless because the other discrepancies the IJ identified constitute “ample, error-free grounds that provide substantial evidence to support the IJ’s adverse credibility determination.” Singh v. BIA, 438 F.3d 145, 149 (2d Cir.2006); see also 8 U.S.C. § 1158 (b)(l)(B)(iii).
discussed Cited as authority (rule) Singh v. Holder
2d Cir. · 2012 · confidence medium
See Mei Chai Ye v. U.S. Dep’t of Justice, 489 F.3d 517, 526 (2d Cir.2007); Surinder Singh v. BIA, 438 F.3d 145, 148 (2d Cir.2006). *768 Moreover, as the agency found, Singh himself introduced some evidence that contradicted his allegations of past tortüre.
discussed Cited as authority (rule) Jin Quan Wang v. Holder
2d Cir. · 2012 · confidence medium
Nevertheless, remand is not necessary because “we can state with confidence that the IJ would adhere to [her] decision were the petition remanded,” Xiao Ji Chen v. U.S. Dep’t of Justice, 434 F.3d 144, 161 (2d Cir.2006), and there are “ample, error-free grounds that provide substantial evidence to support the IJ’s adverse credibility determination,” Singh v. BIA, 438 F.3d 145, 149 (2d Cir.2006).
discussed Cited as authority (rule) Mindeng Zheng v. Holder (2×) also: Cited "see, e.g."
2d Cir. · 2012 · confidence medium
Changed Circumstances Although the BIA erred in finding that Zheng’s documents had not been properly authenticated, it provided an adequate alternative basis for its adverse ruling, leading us to conclude that “remand would be futile.” Singh v. B.I.A., 438 F.3d 145, 150 (2d Cir.2006).
discussed Cited as authority (rule) Yulan Liu v. Holder
2d Cir. · 2012 · confidence medium
The BIA’s mischaracterization does not require remand, however, because the IJ identified “ample, error-free grounds that provide substantial evidence to support [the] adverse credibility determination,” and, despite the BIA’s error, “we can state with confidence that the IJ would adhere to his decision were the petition remanded.” Singh v. BIA, 438 F.3d 145, 149 (2d Cir.2006) (quotation omitted).
discussed Cited as authority (rule) Lihua Wan v. Holder
2d Cir. · 2011 · confidence medium
The BIA indicated that *24 this finding was not central to its decision, and there were “ample, error-free grounds that provide substantial evidence to support the IJ’s adverse credibility determination.” Singh v. BIA 438 F.3d 145, 149 (2d Cir.2006).
discussed Cited as authority (rule) Singh v. Holder
2d Cir. · 2011 · confidence medium
The IJ reasonably questioned the veracity of letters submitted by Amrik Singh and Lakhvir Singh because their form and content were “virtually identical.” See Surinder Singh v. BIA, 438 F.3d 145, 148 (2d Cir.2006).
discussed Cited as authority (rule) Oudit v. Holder
2d Cir. · 2010 · confidence medium
Although the agency erred in finding some inconsistencies in Oudit’s testimony that are not supported by the record, there are “ample, error-free grounds that provide substantial evidence to support the IJ’s adverse credibility determination.” Singh v. BIA, 438 F.3d 145, 149 (2d Cir.2006).
discussed Cited as authority (rule) Jun Song Chen v. Holder
2d Cir. · 2010 · confidence medium
See Mei Chai Ye v. U.S. Dep’t of Justice, 489 F.3d 517, 524 (2d Cir.2007) (stating that “striking similarities between affidavits are an indication that the statements are ‘canned’ ”); Surinder Singh v. BIA, 438 F.3d 145, 148 (2d Cir.2006); see also Ying Li v. BCIS, 529 F.3d 79, 82 (2d Cir.2008) (“[W]hen an adverse credibility finding is based partly or entirely on implausibility, [this Court] review[s] the entire record, not whether each unusual or implausible feature of the account can be explained or rationalized.”).
cited Cited as authority (rule) Lizhen Zheng v. Holder
2d Cir. · 2009 · confidence medium
See Mei Chai Ye v. U.S. Dep't of Justice, 489 F.3d 517, 524 (2d Cir.2007); Surinder Singh v. BIA, 438 F.3d 145, 148 (2d Cir.2006).
cited Cited as authority (rule) Lizhen Zheng v. Holder
2d Cir. · 2009 · confidence medium
See Mei Chai Ye v. U.S. Dep't of Justice, 489 F.3d 517, 524 (2d Cir.2007); Surinder Singh v. BIA, 438 F.3d 145, 148 (2d Cir.2006).
discussed Cited as authority (rule) Xian Chen v. Holder
2d Cir. · 2009 · confidence medium
See Ying Li v. BCIS, 529 F.3d 79, 82-83 (2d Cir.2008) (credibility finding supported by the implausibility of petitioner’s testimony that she promoted Falun Gong to classmates without ever learning or practicing it); Singh v. BIA, 438 F.3d 145, 148 (2d Cir.2006) (credibility finding supported by striking similarities between affidavits allegedly prepared by different people).
discussed Cited as authority (rule) Xian Chen v. Holder
2d Cir. · 2009 · confidence medium
See Ying Li v. BCIS, 529 F.3d 79, 82-83 (2d Cir.2008) (credibility finding supported by the implausibility of petitioner’s testimony that she promoted Falun Gong to classmates without ever learning or practicing it); Singh v. BIA, 438 F.3d 145, 148 (2d Cir.2006) (credibility finding supported by striking similarities between affidavits allegedly prepared by different people).
discussed Cited as authority (rule) Duan Hang Chen v. Holder
2d Cir. · 2009 · confidence medium
See Majidi, 430 F.3d at 80-81 (holding that the agency need not credit an explanation unless a reasonable fact-finder would be compelled to do so); see also Mei Chai Ye v. U.S. Dep’t of Justice, 489 F.3d 517, 524 (2d Cir.2007) (stating that “striking similarities between affidavits are an indication that the statements are ‘canned’ ”); Surinder Singh v. BIA, 438 F.3d 145, 148 (2d Cir. 2006) (finding an IJ’s adverse credibility determination, which was based in part on “the nearly identical language of the affidavits ... submitted,” supported by substantial evidence).
discussed Cited as authority (rule) Duan Hang Chen v. Holder
2d Cir. · 2009 · confidence medium
See Majidi, 430 F.3d at 80-81 (holding that the agency need not credit an explanation unless a reasonable fact-finder would be compelled to do so); see also Mei Chai Ye v. U.S. Dep’t of Justice, 489 F.3d 517, 524 (2d Cir.2007) (stating that “striking similarities between affidavits are an indication that the statements are ‘canned’ ”); Surinder Singh v. BIA, 438 F.3d 145, 148 (2d Cir. 2006) (finding an IJ’s adverse credibility determination, which was based in part on “the nearly identical language of the affidavits ... submitted,” supported by substantial evidence).
cited Cited as authority (rule) Hossain-Bagum v. Holder
2d Cir. · 2009 · confidence medium
See Souleymane Niang v. Mukasey, 511 F.3d 138, 146 (2d Cir.2007); Surinder Singh v. BIA, 438 F.3d 145, 148 (2d Cir.2006)(per curiam).
cited Cited as authority (rule) Hossain-Bagum v. Holder
2d Cir. · 2009 · confidence medium
See Souleymane Niang v. Mukasey, 511 F.3d 138, 146 (2d Cir.2007); Surinder Singh v. BIA, 438 F.3d 145, 148 (2d Cir.2006)(per curiam).
discussed Cited as authority (rule) Qi Yong Chen v. Mukasey (2×) also: Cited "see"
2d Cir. · 2008 · confidence medium
We have “repeatedly allowed IJs to take into account such ‘intraproceeding1 similarities because, in most cases, it is reasonable and unproblematic for an IJ to infer that an applicant who [ ] submits the strikingly similar documents is the common source of those suspicious similarities.” Mei Chai Ye v. U.S. Dept. of Justice, 489 F.3d 517, 519 (2d Cir.2007) (citing Surinder Singh v. Bd. of Immigration Appeals, 438 F.3d 145, 148 (2d Cir. 2006) (per curiam)).
discussed Cited as authority (rule) Qi Yong Chen v. Mukasey (2×) also: Cited "see"
2d Cir. · 2008 · confidence medium
We have “repeatedly allowed IJs to take into account such ‘intraproceeding1 similarities because, in most cases, it is reasonable and unproblematic for an IJ to infer that an applicant who [ ] submits the strikingly similar documents is the common source of those suspicious similarities.” Mei Chai Ye v. U.S. Dept. of Justice, 489 F.3d 517, 519 (2d Cir.2007) (citing Surinder Singh v. Bd. of Immigration Appeals, 438 F.3d 145, 148 (2d Cir. 2006) (per curiam)).
discussed Cited as authority (rule) Dalip v. Mukasey
2d Cir. · 2008 · confidence medium
Moreover, the IJ reasonably found that the two letters failed to specify the date on which Dalip became a DP member and additionally noted that they were “carbon copies of each other ... except for the fact that one is signed by [the DP secretary] and one is signed by [the DP deputy].” See Met Chai Ye v. U.S. Dep’t of Justice, 489 F.3d 517, 524 (2d Cir.2007) (stating that “striking similarities between affidavits are an indication that the statements are ‘canned’ ”); Surinder Singh v. BIA, 438 F.3d 145, 148 (2d Cir.2006) (finding an IJ’s adverse credibility determination, which…
discussed Cited as authority (rule) Bin Weng v. Mukasey
2d Cir. · 2008 · confidence medium
See 8 U.S.C. § 1158 (b)(l)(B)(iii); Surinder Singh v. BIA, 438 F.3d 145, 148 (2d Cir. 2006) (upholding the agency’s reliance on an omission in a corroborative document as support for its adverse credibility finding).
discussed Cited as authority (rule) Hoxha v. Attorney General
3rd Cir. · 2008 · confidence medium
Hoxha’s credibility is further undermined by (1) the fact that the medical reports and affidavits presented by Hoxha and Dosku were virtually identical, see Singh v. BIA, 438 F.3d 145, 148 (2d Cir. *915 2006), (2) the fact that Hoxha claims to have been arrested several times by Albanian police, but does not have a criminal record in that country, and (3) the lack of evidence that Albanian authorities continue to hunt for him, especially in light of the fact that they have not pursued his brother in Greece.
cited Cited as authority (rule) Yan Yu Cao v. Gonzales
2d Cir. · 2007 · confidence medium
Surinder Singh v. BIA, 438 F.3d 145, 148 (2d Cir.2006).
discussed Cited as authority (rule) Singh v. Gonzales
2d Cir. · 2007 · confidence medium
Finally, it was not error for the IJ to give no weight to the corroboration Singh submitted, where much of it was, as the IJ noted, conclusory, lacking in detail, and written in “identical language.” See Surinder Singh v. BIA, 438 F.3d 145, 148 (2d Cir.2006) (finding that an IJ’s adverse credibility determination was supported by the “nearly identical language of the affidavits” submitted by a petitioner).
discussed Cited as authority (rule) Mei Chai Ye v. United States Department of Justice (2×) also: Cited "see"
2d Cir. · 2007 · confidence medium
Because, in effect, the IJ based his adverse credibility finding almost exclusively on his identification of striking inter-proceeding similarities, and because we conclude that those similarities were appropriately treated as substantial evidence of incredibility, “we can state with confidence that the IJ would adhere to his decision were the petition remanded.” Surinder Singh, 438 F.3d at 147-48 (citation and internal quotation marks omitted). *528 II It is not entirely clear whether Ye adequately exhausted her withholding and CAT claims before the BIA.
cited Cited as authority (rule) Caka v. Gonzales
2d Cir. · 2007 · confidence medium
Singh v. BIA, 438 F.3d 145, 148 (2d Cir.2006) (per curiam).
discussed Cited as authority (rule) Felix Norbert Siewe v. Alberto R. Gonzales, Attorney General
2d Cir. · 2007 · confidence medium
Even when an IJ’s decision contains errors, “we may nevertheless deem *167 remand futile and , deny the petition for review if ‘(1) substantial evidence in the record relied on by the IJ, considered in the aggregate, supports the IJ’s finding that petitioner lacked credibility, and (2) disregarding those aspects of the IJ’s reasoning that are tainted by error, we can state with confidence that the IJ would adhere to his decision were the petition remanded.’ ” Singh v. B.I.A., 438 F.3d 145, 147-48 (2d Cir.2006) (per curiam) (quoting Xiao Ji Chen v. U.S. Dep’t of Justice, 434 F.3…
discussed Cited as authority (rule) Guang Feng Ye v. United States Department of Justice
2d Cir. · 2007 · confidence medium
While other grounds relied upon by the IJ are flawed, these “error-free grounds ... provide substantial evidence to support the IJ’s adverse credibility determination, and, despite the IJ’s errors, we can state with confidence that the IJ would adhere to [her] decision were the petition remanded.” Singh v. BIA, 438 F.3d 145, 149 (2d Cir.2006).
discussed Cited as authority (rule) Moe v. Bureau of Citizenship & Immigration Services (2×)
2d Cir. · 2006 · confidence medium
When an IJ’s decision contains errors, we may nevertheless deem remand futile and deny the petition for review if “(1) substantial evidence in the record relied on by the IJ, considered in the aggregate, supports the IJ’s finding that petitioner lacked credibility, and (2) disregarding those aspects of the IJ’s reasoning that are tainted by error, we can state with confidence that the IJ would adhere to his decision were the petition remanded.” Singh v. BIA, 438 F.3d 145, 148 (2d Cir. 2006) (internal quotation marks omitted); see also Cao He Lin v. U.S. Dep’t of Justice, 428 F.3d 3…
Retrieving the full opinion text from the archive…
Surinder SINGH, Petitioner,
v.
BOARD OF IMMIGRATION APPEALS, Respondent
Docket 03-4704.
Court of Appeals for the Second Circuit.
Feb 14, 2006.
438 F.3d 145
Surinder Singh, East Elmhurst, NY, pro se., Madelyn Johnson, Assistant United States Attorney (Kenneth L. Wainstein, United States Attorney for the District of Columbia, Oliver W. McDaniel, Assistant United States Attorney, on the brief), United States Attorney’s Office for the District of Columbia, Washington, DC, for Respondent.
Winter, Cabranes-And, Parker.
Cited by 115 opinions  |  Published
PER CURIAM.

Surinder Singh, a citizen and national of India, petitions for review of a March 21, 2003 order of the Board of Immigration Appeals (“BIA”) affirming a March 30, 2001 order of an immigration judge (“IJ”) rejecting Singh’s applications for asylum, 8 U.S.C. § 1158(b), and withholding of removal, 8 U.S.C. § 1231(b)(3). Singh entered the United States without inspection in August 1996, and removal proceedings were commenced against him in November 1997. Conceding removability, Singh sought asylum, withholding of removal and, in the alternative, voluntary departure. Singh alleged that he was twice detained by Indian authorities because he is an adherent of the Sikh religion and because he campaigned on behalf of the Sikh separatist political party Akali Dal Mann (“ADM”); during the second of those two periods of detention, he was allegedly beaten. Singh claimed that after the police came to his home and sought to detain him again — unsuccessfully because he was not home at the time — he left and traveled to the United States. According to Singh, following his departure, unwitting Indian authorities continued to visit his family’s home in attempts to detain him.

After holding a hearing on the merits of Singh’s applications on March 30, 2001, the IJ made an adverse credibility finding against Singh, denied Singh’s applications for asylum and withholding of removal and granted Singh’s application for voluntary departure. On appeal, the BIA summarily affirmed the IJ’s order.

“Where, as here, the BIA has affirmed the IJ’s decision without an opinion, we review the IJ’s decision directly under a standard of ‘substantial evidence.’ ” Xiao Ji Chen v. U.S. Dep’t of Justice, 434 F.3d 144, 150 (2d Cir.2006); see also 8 U.S.C. § 1252(b)(4)(B) (providing that “administrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary”). We engage in an “ ‘exceedingly narrow’ ” review, Melgar de Torres v. Reno, 191 F.3d 307, 313 (2d Cir.1999) (quoting Carranza-Hernandez v. INS, 12 F.3d 4, 7 (2d Cir.1993)), that involves “looking] to see if the IJ has pro vided ‘specific, cogent’ reasons for the adverse credibility finding and whether those reasons bear a ‘legitimate nexus’ to the finding.” Zhou Yun Zhang v. INS, 386 F.3d 66, 74 (2d Cir.2004) (quoting Secaida-Rosales v. INS, 331 F.3d 297, 307 (2d Cir.2003)). Our “review is designed to ensure merely that ‘credibility findings are based upon neither a misstatement of the facts in the record nor bald speculation or caprice.’ ” Xiao Ji Chen, 434 F.3d at 157 (quoting Zhou Yun Zhang, 386 F.3d at 74).

Although our review of an IJ’s denial of asylum and withholding of removal on credibility grounds is “highly deferential,” Zhou Yi Ni v. U.S. Dep’t of Justice, 424 F.3d 172, 174 (2d Cir.2005); Xu Duan Dong v. Ashcroft, 406 F.3d 110, 111 (2d Cir.2005); Jin Hui Gao v. U.S. Att’y Gen., 400 F.3d 963, 964 (2d Cir.2005), “an IJ’s credibility determination will not satisfy the substantial evidence standard when it is based entirely on flawed reasoning, bald speculation, or conjecture.” Xiao Ji Chen, 434 F.3d at 158 (citing Secaida-Rosales, 331 F.3d at 307, 312). When an IJ’s decision contains errors, however, we[*148] may nevertheless deem remand futile and deny the petition for review if “(1) substantial evidence in the record relied on by the IJ, considered in the aggregate, supports the IJ’s finding that petitioner lacked credibility, and (2) disregarding those aspects of the IJ’s reasoning that are tainted by error, we can state with confidence that the IJ would adhere to his decision were the petition remanded.” Id. at 161; see also Cao He Lin v. U.S. Dep’t of Justice, 428 F.3d 391, 395 (2d Cir.2005) (stating that a reviewing court may “affirm, despite IJ errors, when we can confidently predict that the IJ would necessarily reach the same result absent errors”).

Here, the IJ supported his adverse credibility determination against Singh with the following evidence in the record: (1) Singh’s different answers as to why he had not been baptized in the Sikh faith and his failure to explain his first answer, which was premised on a relationship between the length of one’s hair and readiness for baptism; (2) the inconsistency between Singh’s testimony and the written submission of an ADM official, who was, according to Singh, personally aware of Singh’s difficulties with the police, and who claimed, contrary to Singh’s testimony, that Singh was beaten during his first period of detention; (3) the purported inconsistency in Singh’s testimony relating to who secured his release from his second period of detention and who was present at the time of that release; (4) the failure of a village leader, or saparnach, who was allegedly present at the time of Singh’s release from his second period of detention to include the fact of his own presence in his written submission to the IJ; (5) the nearly identical language in the written affidavits allegedly provided by different people in India in support of Singh’s applications; (6) the fact that Singh failed to submit any records concerning the medical treatment he received during his alleged month-long stay at the Kartiq Hospital following his second period of detention, even though Singh’s son was able to obtain a letter from the Kartiq Hospital that Singh submitted in support of his applications; (7) Singh’s “exceedingly vague, undetailed, and unreliable testimony,” Decision of the IJ, Mar. 30, 2001 (“IJ Decision”), at 13, relating to Indian authorities’ continued visits to the home of his family after he left for the United States; and (8) the failure of Singh’s father to mention those continued visits in his affidavit.

Considering the record in its entirety, we conclude that the IJ’s decision was founded on substantial evidence. The IJ’s adverse credibility determination was well-supported by the inconsistency between Singh’s testimony and the affidavit of the ADM party official, the failure of the sa-pamach to include his presence at the time of Singh’s release in his affidavit, the nearly identical language of the affidavits Singh submitted, Singh’s failure to produce medical records even though his son was able to obtain a letter from Kartiq Hospital and Singh’s vague testimony concerning continued visits by the Indian police to the home of Singh’s family and the absence of any mention of those visits in the affidavit of Singh’s father.

We find error, however, in the IJ’s reasoning concerning two specific bases for his adverse credibility determination. First, although Singh’s answers concerning why he had yet to be baptized in the Sikh faith were incomplete and shifting, they were insufficient to support the IJ’s speculative determination that Singh “is not, in fact, a Sikh.” IJ Decision at 6; see Zhou Yun Zhang, 386 F.3d at 74 (explaining that our limited review includes ensuring that “credibility findings are based upon[*149] neither a misstatement of the facts in the record nor bald speculation or caprice”). Second, the IJ misstated the evidence in the record when relying on Singh’s purportedly “inconsistent” testimony, IJ Decision at 11, concerning his release from his second period of detention. See Zhou Yun Zhang, 386 F.3d at 74.

In rendering his adverse credibility determination, the IJ relied on inconsistencies supposedly demonstrated by the following colloquy concerning the fact that Singh had not been baptized:

Q. And can you tell me why it is that you were never baptized as a Sikh?
A. I would — I will do that. So far I didn’t do that because I couldn’t grow my hair properly so far.
Q. And when you refer to your hair are you referring to the hair on your head or to your beard?
A. I — I don’t think that I have enough hair on my head and that I don’t think that the beard is complete beard so far. Q. You do appear rather fully bearded to me.
A. I will be baptized, but so far I did not.
Q. Well, sir, you’re 53 years old. Isn’t that right?
A. Yes. I am 53 years old, yes.
Q. Are you telling me that you have never had enough head hair to qualify for baptism?
A. I didn’t do that, but this is the proper time and I will do that.
Q. I don’t know if I understand what you’re telling me. Why would the length of your hair prevent you from being baptized?
A. I did not prepare myself mentally for baptism.

Tr. of Hr’g, Mar. 30, 2001, at 56. The IJ characterized Singh’s testimony regarding baptism as “inconsistent in nature” and considered it “[e]ven more damning” that “when confronted with his initial explanation as to why the length of his hair should relate to his having been baptized, [Singh] immediately changed his answer to indicate an alternative reason.” IJ Decision at 6. On the basis of the exchange relating to baptism, the IJ reasoned that “[Singh’s] elusiveness ... [is] evidence that it is likely that [Singh] is not, in fact, a Sikh.” Id. Although Singh’s answers relating to his failure to be baptized in the Sikh faith were incomplete and may well have undermined Singh’s credibility, they were insufficient to support the IJ’s speculative conclusion that Singh is likely not a Sikh.

Singh testified that his father arranged for the payment of a bribe to secure Singh’s release from his second period of detention. Upon being reminded that affidavits submitted in support of his application for asylum stated that he had been released after the intervention of “respect-ables,” Singh explained that the village leader, or sapamach, had been there at the time of his release and that such intervention was customary. The two statements characterized by the IJ as “inconsistent,” IJ Decision at 11, are not in fact inconsistent. Singh seems to have testified that his father arranged for the payment of a bribe and that the sapamach intervened.

Notwithstanding our recognition of these errors in the IJ’s decision, there exist ample, error-free grounds that provide substantial evidence to support the IJ’s adverse credibility determination, and, despite the IJ’s errors, “we can state with confidence that the IJ would adhere to his decision were the petition remanded.” Xiao Ji Chen, 434 F.3d at 161. In addition to the two erroneous reasons, the IJ relied on six additional grounds that are sup[*150] ported by the record and that enable us to “ ‘confidently predict’ ” that the IJ would render the same decision in the absence of the errors. Id. at 162 (quoting Cao He Lin, 428 F.3d at 395); see also Cao He Lin, 428 F.3d at 401 (“[W]e are not required to remand where there is no realistic possibility that, absent the errors, the IJ or BIA would have reached a different conclusion.”). We therefore conclude that remand would be futile.

We have considered all of petitioner’s arguments and find them to be without merit. Accordingly, we DENY the petition for review.