Sandeep Singh, a native and citizen of India, entered the United States unlawfully in April 2018 and conceded his removability. He sought asylum, withholding of removal, and protection under the Convention Against Torture, claiming persecution based on his Sikh religion and affiliation with the Mann Party. During his hearing, the Government introduced a forensic report indicating that a page of Singh's passport had been altered after being disassembled and reassembled. The report showed travel stamps inconsistent with Singh's testimony. Additionally, the Immigration Judge noted that two affidavits supporting Singh's claims were essentially identical in phrasing, including the same grammatical errors. The IJ made an adverse credibility finding based on the altered passport, Singh's inability to explain when he obtained the passport, and the suspicious similarities between the affidavits. The Board of Immigration Appeals affirmed the IJ's decision, rejecting Singh's argument that he was denied a fair opportunity to rebut the forensic report.
The Fifth Circuit reviewed the BIA's decision under the substantial evidence standard, which requires upholding the finding unless a reasonable factfinder would be compelled to conclude to the contrary. The court first addressed Singh's due process claim regarding the admission of the forensic report. The court held that the report was probative and its use was fundamentally fair because Singh was given a brief recess to review it and did not subsequently request a continuance. The court noted that Singh failed to dispute that his passport had been altered. Second, the court addressed the issue of the identical affidavits. The court found that the IJ had adequately provided Singh with notice and a reasonable opportunity to explain the similarities. Singh's explanation that his father and friend spoke the same language and recounted the same incidents was not accepted by the BIA, and the court found no error in that rejection. The court emphasized that neither the IJ nor the BIA is required to accept a petitioner's explanation for plain inconsistencies. The court concluded that the adverse credibility finding was supported by specific reasons derived from the record: the passport alteration, the inconsistency regarding the timing of obtaining the passport, and the similarities of the affidavits. Consequently, the court found that substantial evidence supported the IJ's determination that Singh was not credible, leading to the proper denial of his claims for relief.
The petition for review is denied, and the removal order against Sandeep Singh remains in effect. The decision reinforces the Fifth Circuit's application of the substantial evidence standard in immigration credibility cases, particularly where petitioners fail to rebut forensic evidence or explain inconsistencies in their documentation. It clarifies that providing a brief recess for review of evidence may satisfy due process requirements if the petitioner does not request further time to prepare.
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