UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT

________________ _________________ KARAM SINGH, Petitioner,

v. MERRICK B. GARLAND, United States Attorney General, Respondent. No. 23-9573 (Petition for Review)

________________ _________________ ORDER AND JUDGMENT *

________________ _________________ Before PHILLIPS , BRISCOE , and CARSON , Circuit Judges.

________________ _________________ Petitioner Karam Singh, appear ing pro se, petitions for review of a decision by the Board of Immigration Appeals (BIA) affi rming, without opinion, a decision of an Immigration Judge (IJ) denying his applications for asylum , withholding of removal, and protection under the Convention Against Torture (CAT). Exercising jurisdiction pursuant to 8 U.S.C. § 1252(a), we deny Singh’s petition for review.

* After examining the briefs and appella te record, this pa nel has determined unanimously that oral argument would not ma terially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctr ines of law of the case, res judicata, and collateral estoppel. It may be cite d, however, for its persuasi ve value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. FILED United States Court of Appeals Tenth Circuit 

### March 12, 2024 Christopher M. Wolpert Clerk of Court Appellate Case: 23-9573 Document: 010111014008 Date Filed: 03/12/2024 Page: 12 I Singh was born in the Indian state of P unjab on March 20, 1983. He is both a native and citizen of India. Singh is ma rried and has two children. Singh and his family lived with Singh’s parents in Punj ab and Singh was employed as a farmer. In December 2016, Singh became a memb er of the Shiromani Akali Dal Amritsar Mann political party, which is commonly referred to as the Mann party. According to Singh, he was a low-level wo rker for the Mann party who assisted in hanging posters and setting up and tearing down for we ddings of poor girls. Singh alleges that he was assaulted on two separate occasions as a result of his membership in the Mann party. The first such assault allegedly occurred in January 2017. Singh alleges that he had been pu tting up posters when four people from the opposing Congress party pulled up in a vehicle and began verbally harassing him. The four people then allegedly proceeded to physically assault Singh by slapping, kicking, and hitting him with a stick. Singh alleges that the assault lasted approximately thirty to sixty seconds, but was not overly aggressive and caused him, at most, only minor injuries. According to Singh, the assault wa s meant to warn him to leave the Mann party and join the Congre ss party. Singh did not report the assault to the police. The second assault allegedly occurre d in September 2017 when Singh was returning from a Sikh temple. Singh alleges that four individuals from the Congress party surrounded and then assaulted him. Singh di d not recognize the four individuals and was unsure if they were the same indivi duals who assaulted him in Appellate Case: 23-9573 Document: 010111014008 Date Filed: 03/12/2024 Page: 23 January 2017. But, according to Singh, th e individuals stated th at they had already warned him the first time to leave the Mann party and that, since he failed to do so, they were going to kill him. The four individuals alle gedly started by slapping Singh and knocking him to the ground. Three of the individuals then allegedly began kicking him, while the fourth individual we nt to a car, grabbe d a hockey stick, and allegedly began to hit Singh with the stick. Singh alleges that at some point a group of passersby came to his aid and forced the assailants to leave. Singh alleges that, after the assault, he drove his motorcycle to a loca l clinic, where he obtained unidentified pain medications and some h ealing ointment for ab rasions and bruises sustained during the assault. Singh alleges that he also we nt to the police, but they made him wait all day and ultimately told him that he should forget about the incident or that they would f ile false charges against him. Singh stayed in India for approximatel y two months after the September 2017 assault. Singh claims to have hid during th at time at a temple and with friends, and he did not receive any additional threats or harm from any memb ers of the Congress party or anyone else. Singh was not aware of a ny other Mann party member s who had been harmed or killed. Further, Singh was unclear why he, as a new, low-level member of the Mann party would be targeted by members of the Congress party. Appellate Case: 23-9573 Document: 010111014008 Date Filed: 03/12/2024 Page: 34 II Singh entered the United States on Marc h 19, 2018, and was arrested by ICE officials in California. He did not possess or present a valid im migrant visa, reentry permit, border crossing identification card, or other valid entry document. On April 17, 2018, removal proceedings were initiated against Singh. Singh had his initial appearance befo re an IJ in Denver, Colo rado, on May 3, 2018. On May 18, 2018, Singh posted a $20,000 bond and was released from ICE custody. Singh appeared with counsel before an IJ again on August 14, 2018, conceded removability, and sought relief in the form of asylum, withholding of removal, and withholding under the CAT. On July 17, 2019, Singh appeared agai n with counsel before an IJ for a removal proceeding. Singh testified under oath through an interpreter. After hearing Singh’s testimony, the IJ issued an oral ruling. The IJ began by “find[ing] that removability ha[d] been sustained by clear and convincing evidence.” R., Vol. 2 at 47. As for Singh’s application for relief, the IJ concluded that there was not “enough information” in the record “in order to find [Singh’s] testimony sufficiently credible and to find that these [alleged assaults] actually occurred.” Id . at 161. The IJ explained that there were so me minor inconsiste ncies between the descriptions of the assaults that Singh provided pr ior to the removal proceedi ng and the descriptions he testified to at the removal proceeding. The IJ further explained th at he “struggle[d] with the plausibility of [Singh’s] account” of the assa ults, “as [Singh] gave no rational reason why, of all the Mann party people that he knows, that the Congress Appellate Case: 23-9573 Document: 010111014008 Date Filed: 03/12/2024 Page: 45 party members would choose him to assault and threaten, as he was merely a new, low-level party worker who hung pos ters and assisted at weddings.” Id . at 50–51. The IJ “also f[ound] it hard to believe th at being beaten by f our men with one or more hockey sticks,” as Si ngh alleged occurred during the second assault, “would (1) not have required a hospital stay, (2) would have not resulted in any broken bones or internal injuries, and (3) this as stated would not have resulted in any injury other than minor scrapes and cuts, if these Congress party memb ers truly wished to kill” Singh. Id . at 51. Moreover, the IJ stated that “the weakne ss of [Singh’s] claim [wa]s exhibited in the complete lack of corrobor ating evidence as required by the REAL ID
Act.” Id . The IJ noted in particular that Si ngh “submitted no letter s from his parents, his wife, other family memb ers, his friends, any of th e passersby who supposedly rescued him, or his superior or fellow party workers.” Id . The IJ also noted that Singh, “[w]hen pressed” by the IJ “for why [he] submitted no documentation, . . . was generally evasive, not answering the questions and saying that he didn’t know what these people could wr ite or attest to.” Id . Ultimately, the IJ stated: With a complete lack of corroborati ng evidence, the court cannot find [Singh] sufficiently credible to gr ant his claim, nor can this court understand why Congress party memb ers would focus on him, a newly recruited low-level worker when, acco rding to him, he has no personal knowledge that any of his fellow memb ers were being attacked, and there is insufficient evidence to corroborat e his claim that a ny member of the national government or even the P unjab state governme nt, cares about [Singh’s] party membership in such a way that would carry on until today. Id . at 73–74. Appellate Case: 23-9573 Document: 010111014008 Date Filed: 03/12/2024 Page: 56 With respect to Singh’s asylum claim, the IJ concluded that “because [Singh] did not meet his burden to establish he su ffered past persecution, the court [could not] presume that he has a well-foun ded fear of future persecution.” Id . at 76. The IJ further concluded that there was no evidence in the record that would allow him to find there was “a reasonable possibility that [Singh] w[ould] be harmed in the way that he fear[ed] if he were to return to Punjab.” Id . at 77. The IJ also concluded that Singh failed to “demonstrate[] that he could not relocate to another part of India.” Id

. at 78. Lastly, the IJ concluded that Singh fa iled to “show that ther e [wa]s a pattern or practice of persecution of othe rs similarly situated” to him in India, “and that [he] is included in, or identified w ith, the persecuted group.” Id

. As for Singh’s application for withholding of removal, the IJ noted that “[t]he standard [for] withholding of rem oval is higher than asylum.” Id . at 79. “As a result,” the IJ “f[ound] th[a t] [Singh] ha[d] failed to meet his burden of proof for withholding of removal under the Act.” Id

. Lastly, the IJ concluded that Singh “ha[ d] not established eligibility for relief under the [CAT].” Id . at 79. The IJ explained: The respondent testified that he was harmed by four Congress party members, although he was unable to es tablish the level in which those members belonged. Therefore, even though the court does not find that the respondent has demonstrated he was ever harmed in any manner in India, let alone by government o fficials, the respondent has not demonstrated, even if it were to buy his account of his past harm, that it was ever at the hands of government or police offi cials in India. He has not demonstrated that it is more likely than not th at he would be tortured in the future in India with the consent or acqui escence of the government, or by the government, based on those sa me reasons that the court cited in the asylum analysis. Appellate Case: 23-9573 Document: 010111014008 Date Filed: 03/12/2024 Page: 67 Id

. In sum, the IJ denied Singh’s applicati ons for asylum, withholding of removal, and protection under the CAT, and ordered him removed from the United States to India. Singh filed a timely notice of appeal fro m the IJ’s decision. The BIA, after receiving briefing from the parties, issued an unpublished decision on July 20, 2023, affirming, without opinion, the IJ’s decision. On August 7, 2023, Singh filed a petition for review w ith this court. He has since filed an appellate br ief and the government has lik ewise filed an appellate response brief.
III Because the BIA affirmed, without opinion , the IJ’s decision, that effectively made the IJ’s decision the fi nal agency determination. See 8 C.F.R. § 1003.1(e)(4). We therefore review the IJ’s decision in this appeal. See Dallakoti v. Holder , 619 F.3d 1264, 1267 (10th Cir. 2010) (“When a single member of the BIA issues a brief order affirming an IJ’s decision, this c ourt reviews both the decision of the BIA and any parts of the IJ’s decision relied on by the BIA in reaching its decision.”). In doing so, we review the agency’s lega l determinations de novo and its factual findings for substantial evidence. Karki v. Holder , 715 F.3d 792, 800 (10th Cir. 2013). “[A]dministrative findings of fact are conclusive unl ess any reasonable Appellate Case: 23-9573 Document: 010111014008 Date Filed: 03/12/2024 Page: 78 adjudicator would be comp elled to conclude to th e contrary.” 8 U.S.C. § 1252(b)(4)(B). A) The IJ’s determination that Singh was not credible In his first issue on appeal, Singh argues that the IJ erred in determining that his testimony at the evidentiary hearing wa s not credible. For the reasons that follow, we reject Singh’s argument. “Credibility determinations are factua l findings subject to the substantial evidence test.” Sarr v. Gonzalez , 474 F.3d 783, 789 (10th Ci r. 2007) (ellipsis and internal quotation marks omitted). “We do not” independently “ev aluate witnesses’ credibility.” Id . (ellipsis and internal quotation marks omitted). As the IJ noted in his oral ruling, Singh’s pre-hearing accounts of the two assaults were “somewhat consis tent,” but included “few deta ils” of the assaults. R., Vol. 2 at 50. At the evidentiary hearing, Singh testified for the first time that, during the course of the first as sault, “he was stru ck with a stick of some kind.” Id . Further, although Singh’s pretrial acc ounts of the second assau lt referred to the use of multiple hockey sticks, he testified at the evidentiary hearing th at “he was only hit with one hockey stick” during the second assault. Id

. In addition to these inconsis tencies, the IJ “struggle[d] with the plausibility of [Singh’s] account” for two other reasons. Id . First, Singh “gave no rational reason why, of all the Mann party people that he knows, that the Congress party members would choose him to as sault and threaten.” Id . at 50–51. Second, Singh, by his own admission, suffered only minor injuries duri ng each of the two assaults, despite the Appellate Case: 23-9573 Document: 010111014008 Date Filed: 03/12/2024 Page: 89 fact that, on both occasions, he was allegedl y beaten by four men and that, during the second assault, the four men alle gedly wished to kill him. Finally, as the IJ emphasized in his oral ruling, there was a “complete lack of corroborating evidence” to support Singh’ s testimony about the two assaults. Id . at 51. For example, Singh “submitted no letters from his parents,” with whom he and his family lived, or “his wi fe, other family members, hi s friends, any of the passersby who supposedly rescued him” from the seco nd assault, “or his superior or fellow party workers.” Id . Likewise, Singh submitted “no report or medical documents from the village physician who purportedly assisted” Singh af ter the second assault. Id. Although Singh “claimed that the local medical store that dispensed” medication to him “did not have sophisticated records, ” he offered no explanation as to “why the doctor could not write a le tter to support him.” Id . Further, Singh “did not submit any photographs demonstrati ng any of the purported inju ries that he suffered.” Id

. And the IJ found that Singh, “[w]hen pressed fo r why [he] submitted no documentation, . . . was generally evasive, not answering questi ons and saying that he didn’t know what these people could write or attest to.” Id

. In his appeal, Singh concedes that he submitted no corrobora ting evidence, but argues that he nevertheless met his evidentiary burden th rough his testimony alone. As to his testimony and the IJ’s criticisms of it, Singh argues that the IJ failed to give him an opportunity to explain the discre pancies between his te stimony and his prehearing accounts of the assaults. Nota bly, however, Singh fails to offer an explanation in his opening brie f for those discrepancies. At best, Singh argues that Appellate Case: 23-9573 Document: 010111014008 Date Filed: 03/12/2024 Page: 910 the discrepancies were “trivi al” and “insufficient to su pport an adverse credibility finding.” Aplt. Br. at 5. Finally, as to the IJ’s concerns about the plausibility of Singh’s accounts of the two alleged attacks, Singh argues that “the IJ’s position or expectation that” he should “pr ovide an explanation as to why he was singled out . . . and attacked . . . ha s no basis in law.” Id . at 6. But even if Singh were correct on that point, he fails to address at all th e IJ’s other stated concern regarding the plausibility of Singh’s accounts, i.e., the fa ct that Singh sustained no serious injuries during either attack, desp ite the alleged severity of the two attacks. In the end, we conclude after review ing the transcript of the evidentiary hearing that no reasonable adjudicator would be compelled to find that Singh offered credible testimony. B) The IJ’s findings that Singh did not suffer from past persecution or have a well-founded fear of future persecution In his second and third issues on appeal, Singh challenges the IJ’s findings that he did not suffer from past persecution or have a well-founded fear of future persecution. With respect to the question of past pe rsecution, Singh argues that “[b]ased on the facts of this case, where [he] was twice beaten and threatened with death, [and] with the specific aim of fo rcing [him] to stop his work for his Mann party, the harm suffered by [him ] meets the definition of pers ecution.” Aplt. Br. at 8. Singh further argues that the death threats alone were sufficient to constitute past persecution. As for whether he has a we ll-founded fear of futu re persecution, Singh argues that he “stated his subj ective fear of returning to India, and irrefutably proved Appellate Case: 23-9573 Document: 010111014008 Date Filed: 03/12/2024 Page: 1011 that his fear is objectively reasonable.” Id . at 10. Specifically , he argues that “his credible testimony showed that members of the Congress party to ok an interest in him and the Punjab police refused to provi de any protection to [him] against his attackers.” Id

. Singh’s applications for asylum and withholding of removal both hinge, in pertinent part, on a showing of persecution. To qualify for asylum, an applicant must be a refugee who is “unable or unwilling to return” to the app licant’s country of nationality or habitual residence “because of persecution or a well-founded fear of persecution on account of race, religion, na tionality, membership in a particular social group, or political opinion.” 8 U.S. C. § 1101(a)(42). “To be eligible for withholding of removal, an applicant mu st demonstrate that there is a clear probability of persecution because of his ra ce, religion, nationality, membership in a particular social group, or political opinion.” Zhi Wei Pang v. Holder , 665 F.3d 1226, 1233 (10th Cir. 2012) (internal quotation mark s and citation omitted). “The showing required for withholding of remova l is more stringent than the showing required for asylum.” Id

. Persecution, we have held, “‘is the in fliction of suffering or harm upon those who differ . . . in a way regard ed as offensive and requires mo re than just restrictions or threats to life and liberty.’” Id. at 1231 (quoting Chaib v. Ashcroft , 397 F.3d 1273, 1277 (10th Cir. 2005)). “Mere ‘denigra tion, harassment, and threats’ are insufficient.” Id. (quoting Tulengkey v. Gonzalez , 425 F.3d 1277, 1280 (10th Cir. 2005)). “To determine whether a petitione r has demonstrated persecution, the BIA Appellate Case: 23-9573 Document: 010111014008 Date Filed: 03/12/2024 Page: 1112 must examine harmful incide nts in the aggregate.” Id. (internal quotation marks and citation omitted). The IJ’s finding in this cas e that Singh did not suffer pa st persecution, even if we were to assume the truth of Singh’s test imony, “is consistent with our case law.” Sidabutar v. Gonzales , 503 F.3d 1116, 1124 (10th Cir. 2007), abrogated on other grounds by Santos-Zacaria v. Garland , 598 U.S. 411 (2023). We have generally rejected claims of past pers ecution in the absence of “sev ere beatings” or “allegations of imprisonment.” Id. (collecting cases). As a result , cases involving isolated acts of relatively minor physical ha rm, even on multiple occasions , have not risen to the level of past persecution. Id. Further, even a situatio n involving minor detentions and forced conscription into the army has not been held to be suff iciently severe to involve past persecution. Kapcia v. INS , 944 F.2d 702, 704–0 5 (10th Cir. 1991). We likewise uphold the IJ’s finding th at Singh did not have a well-founded fear of future persecution. As the IJ noted, Singh did not submit “any evidence to indicate that the Congress part y continues to look for him,” and there is essentially no evidence in the record that could reasonably lead to a conclusion that members of the Congress party “would continue to look for him” since “he is nothing more than a newly-minted, low-level worker” for the Mann party. R., Vol. 2 at 55. Further, Singh admitted at the eviden tiary hearing that he knew of no other Mann party members who had been harmed or killed. In addition, the government presented evidence that Mann party members have recen tly been elected to the legislature, indicating, as the IJ noted, “that the Mann party has su fficient political clout amongst Appellate Case: 23-9573 Document: 010111014008 Date Filed: 03/12/2024 Page: 1213 the populace that they are able to be elected to the Punjab legislature.” Id . at 55–56. Lastly, Singh “did not submit any evid ence regarding Congress party government officials or other high-level Congress party members assaulting, harming, or killing” newly elected members of the Mann party “or other hi gher officials of the Mann party who may run for offi ce or act as director s for their districts.” 1 Id . at 56. C) The IJ’s denial of Singh’s applica tion for withholding of removal In his fifth issue on appeal, Singh argue s that the IJ erred in denying his application for withholding of removal. Si ngh argues in support that “since [he] has shown that the IJ erred in making an adverse credibility fi nding and therefrom, denying his asylum claim, [h is] case meets the higher sta ndard under withholding.” Aplt. Br. at 12. We reject Singh’s arguments. As we have already concluded, the IJ did not err in finding that Singh’s testimony about the tw o assaults was not credible, or in turn finding that Singh failed to establish past pe rsecution or a well-founded fear of future persecution. Consequently, th e IJ likewise did not err in denying Singh’s application for withholding of removal, which, as we have noted, hinges in pertinent part on the existence of a clear probab ility of persecution because of race, religion, nationality, membership in a particular so cial group, or political opinion.

1 Because there is no evidence in the r ecord to support Singh’s assertion that he has a well-founded fear of future persecu tion if he returns to Punjab, we conclude it is unnecessary to address Singh’s challenge to the IJ’s finding that Singh could reasonably relocate to another part of India. Appellate Case: 23-9573 Document: 010111014008 Date Filed: 03/12/2024 Page: 1314 D) The IJ’s denial of Singh’s applic ation for protection under the CAT In his sixth and final issue on appeal, Singh argues that the IJ erred in denying his application for protection under the CAT. According to Singh, he “testified credibly that he was tortured and therefore has [a] fear of returning to India.” Aplt. Br. at 13. Singh complains th at “the IJ merely conclude d that [Singh] did not meet his burden of proving that he was ever harmed in India, let alone at the hands of the government or police o fficials in India.” Id . Singh argues that “the IJ erred in refusing to take these facts into account, and in denying [his] claim on the basis that it [wa]s based on incredible testimony.” Id . at 13–14. A noncitizen who is ineligible for withhol ding of removal may still be eligible for deferral of removal under the CAT. 8 C.F.R. §§ 1208.16(c)(4), 1208.17(a). To establish eligibility for deferral, an alien must prove “it is mo re likely than not that he or she would be tortured if removed to the proposed country of removal.” Id. § 1208.16(c)(2). “Torture is defined as any act by which severe pain or suffering, whether physical or mental, is in tentionally inflicted on a person.” Id. § 1208.18(a)(1). In assessi ng the likelihood of torture, the factfinder must consider “all evidence relevant to the pos sibility of future torture . . . including, but not limited to . . . [e]vidence of past to rture inflicted upon the appli cant”; the applicant’s ability to “relocate to a part of the country of re moval where he or she is not likely to be tortured”; “[e]vidence of gro ss, flagrant or mass violations of human rights within the country of removal”; and “[o] ther relevant information regarding conditions in the country of removal.” Id. § 1208.16(c)(3)(i)-(iv). Appellate Case: 23-9573 Document: 010111014008 Date Filed: 03/12/2024 Page: 1415 Additionally, for torture to warrant defe rral of removal under the CAT, it must be “inflicted by, or at the instigation of, or with the consent or acquiescence of, a public official acting in an official capacity or other person action in an official capacity.” Id. § 1208.18(a)(1). “This standard does not require actual knowledge or willful acceptance by the government. Rath er, willful blindness suffices to prove acquiescence.” Karki v. Holder , 715 F.3d 792, 806 (10th Ci r. 2013) (citation and internal quotation marks omitted). That said , evidence of law enfo rcement’s inability to prevent torture does not compel a finding of acquiescence. See , e.g. , Ferry v. Gonzales , 457 F.3d 1117, 1131 (10th Cir. 2006) (petitioner failed to show acquiescence where the record showed the government had made efforts to prevent potential torture); see also Cruz-Funez v. Gonzales , 406 F.3d 1187, 1192 (10th Cir. 2005) (evidence of govern ment corruption did not compel a conclusion of government acquiescence). In this case, the IJ found that Singh fail ed to “demonstrate[] that he was ever harmed in any manner in India, let alone by government offici als.” R., Vol. 2 at 58. The IJ further found that even if Singh’s “acc ount of his past harm” was credible, he failed to demonstrate “that it was ever at the hands of go vernment or police officials in India.” Id . The IJ therefore found that Singh fa iled to “demonstrate[] that it [wa]s more likely than not that he would be tortur ed in the future in India with the consent or acquiescence of the governme nt, or by the government.” Id

. Having already concluded that the IJ di d not err in his credibility assessment of Singh’s testimony, we affirm the IJ’s rejection of Singh’s application for Appellate Case: 23-9573 Document: 010111014008 Date Filed: 03/12/2024 Page: 1516 protection under the CAT on that basis. In other words, having found that Singh’s testimony about the two assaults lacked credibility, there was no evidence in the record from which the IJ could reasonably ha ve found that it was more likely than not that Singh would be subject to torture if rem oved to India. We li kewise conclude that the IJ did not err in finding that, even if the alleged att acks did occur, Singh failed to demonstrate that there was any government involvement or acquiescence in them. We therefore conclude that the IJ did not err in denying Singh relief under the CAT.
IV The petition for review is DENIED.

Entered for the Court

Mary Beck Briscoe Circuit Judge Appellate Case: 23-9573 Document: 010111014008 Date Filed: 03/12/2024 Page: 16