Case: 20-10784 Date Filed: 09/24/2020 Page: 1 of 11 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 20-10784 Non-Argument Calendar ________________________ Agency No. A201-424-481 CHARANJIT SINGH, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (September 24, 2020) Before MARTIN, ROSENBAUM, and GRANT, Circuit Judges. PER CURIAM: Case: 20-10784 Date Filed: 09/24/2020 Page: 2 of 11 Charanjit Singh seeks review of the Board of Immigration Appeals’ final order affirming the Immigration Judge’s (IJ) denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). Singh brings three claims. First, Singh argues that the IJ and Board erred in finding that his testimony was not credible. Second, he argues that the Board erred in affirming the IJ’s adverse credibility determination because the IJ did not apply the procedural protections of Matter of R-K-K-, 26 I. & N. Dec. 658 (BIA 2015). Third, Singh argues that his Fifth Amendment due process rights were violated by the IJ and Board. After a careful review of the record, we deny Singh’s petition. I. Singh is a native and citizen of India. In November 2018, he left India and traveled to Mexico. From there, Singh crossed into the United States at an unknown location along the southern border—without an immigration visa or valid entry document. He was immediately detained by the Department of Homeland Security, and an asylum officer conducted a credible-fear interview. A few weeks later, the Department served Singh with a Notice to Appear (NTA). The NTA charged Singh with removability as (1) an immigrant not in possession of valid travel documents and (2) an alien present in the United States without having been admitted or paroled. INA § 212(a)(6)(A)(i)(I), 8 U.S.C. § 1182(a)(7)(A)(i)(I); INA § 212(a)(6)(A)(i), 8 U.S.C. § 1182(a)(6)(A)(i). He 2 Case: 20-10784 Date Filed: 09/24/2020 Page: 3 of 11 admitted the allegations and was found to be removable as charged. He also filed applications for asylum, withholding of removal, and CAT relief. At his August 2019 merits hearing before the IJ, Singh testified that he was a member of the Shiromani Akali Dal Party—a prominent Sikh political organization. He also testified about two encounters he had with members of the Congress Party. The first was a July 2018 attack by five Congress Party members. He claimed they beat him and told him to switch parties. As for the second, Singh testified that in September 2018 he was attacked again—and even sustained spinal injuries. He also stated that he was knocked unconscious and spent 20 days in the hospital, where he got stitches in both his head and arm. After finding that Singh’s testimony was inconsistent, nonresponsive, confusing, and implausible, the IJ made an adverse credibility determination. And because Singh presented little other evidence to support his applications, the IJ denied them. On appeal, the Board determined that the IJ’s adverse credibility determination was not clearly ...
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