1 9

- 2009 Singh v. Garland BIA Nelson , IJ A20 5 422 199 

### UNITED STATES COURT OF APPEALS **FOR THE SECOND CIRCUIT**



## SUMMARY ORDER

**RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER**  **FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS**  **COURT** = **S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX**  **OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY**  **NOT REPRESENTED BY COUNSEL.**

**At a stated term of the United States Court of Appeals** 1 **for the Second Circuit, held at the Thurgood Marshall**  2 **United States Courthouse, 40 Foley Square, in the City of** 3 **New York, on the 1**  **6 t**  **h d**  **ay of M**  **a r**  **c h**  **, two thousand**  **twenty**

**- t**  **w o** 

**.** 4 5 **PRESENT:** 6 **ROSEMARY S. POOLER ,**  7 **MICHAEL H. PARK ,**  8 **WILLIAM J. NARDINI ,**  9 **Circuit Judges.** 10

**_____________________________________** 11 12 **SIMRANJIT SINGH ,**  13 **Petitioner ,**  14 15

**v. 1**  **9**

**- 2009**  16 **NAC** 17 **MERRICK B. GARLAND ,**  **UNITED** 18 **STATES ATTORNEY GENERAL,**  19
**R espondent** 

**.** 20

**_____________________________________** 21 22 **FOR PETITIONER:** Genet Getachew , Law Office of 23
Genet Get a chew , Brooklyn , N Y

. 24 25 **FOR RESPONDENT:** Brian M. Boynton , Acting 26 Assistant Attorney General; 27
Je nnifer P. Levings , Senior 28 Litigation Counsel ; Kristin 292 Moresi , Trial Attorney, Office of 1 Immigration Litigation , United 2 States Department of Justice, 3 Washington, DC. 4 5
U PON DUE CONSIDERATION , it is hereby ORDERED, ADJUDGED, 6

AND DECREED that th is petitio n for review of a decision of 7

the Board of Immigration Appeals (“BIA”) is DENIED. 8

Petitioner Simranjit Singh , a nat ive and citizen of 9

India , seeks review of a June 7 , 201 9 decision of the BIA 10

affirming a January 11 , 201 8 decision of an I mmigration Judge 11

(“IJ”) denying his application for asylum , withholding of 12

removal , and relief under the Convention Against Torture 13

(“CAT”)

. In re Simranjit Singh , No. A 20 5 422 199 (B.I.A. 14

Jun

. 7 , 201 9 ), aff’g No. A 20 5 422 199 (Immig. Ct. N

. Y. C. Jan

. 15

11 , 201 8 ). We assume the parties’ familiarity with the 16

underlying facts and procedural his tory. 17

W e have reviewed the IJ’s decision as modified by the 18

BIA, reaching only the BIA ’s reli ance on the IJ’s adverse 19

credibility determination

. See Xue Hong Yang v. U.S. Dep’t 20

of Justice , 426 F.3d 520, 522 (2d Cir. 2005) ; see also Lin 21

Zhong v. U.S. Dep’t of Jus tice , 480 F.3d 104, 122 (2d Cir. 22

2007)

. The applicable standards of review are well 23

established. See 8 U.S.C. § 125 2(b)(4)(B); Hong Fei Gao v. 24

Sessions , 891 F.3d 67 , 76 (2d Cir. 201 8 ). 253 Singh failed to exhaust his current challenge to the IJ’s 1

adverse credibility determination because he did not raise 2

the challenge before the BIA. While not jurisdictional, issue 3

exhaustion is mandatory when the Government raises it, as it 4

has here. See Lin Zhong , 480 F.3d at 107 n.1. 5

More over , in affirming the IJ’s adverse credibility 6

determination, the BIA concluded generally that there was no 7

clear error, but did not address individual findings

. See 8

Lin Zhong , 480 F.3d at 107 n.1, 122. Singh has not identified 9

any reason to excuse his failure to exhaust. 10

Because Singh’s claims were all based on the same factual 11

predicate, t he agency’s adverse credibility determination is 12

dispositive of asylum, withholding of removal, and CAT 13

relief , s ee Paul v. Gonzales , 444 F.3d 148, 156

- 57 (2d Cir. 14

2006) , and his failure to exhaust is therefore fatal to his 15

petition for review

. 16

For the foregoing reasons, the petition for review is 17

DENIED. 18

FOR THE COURT: 19 Catherine O ’Hagan Wolfe , 20 Clerk of Court 21