Vivek Pal, a native and citizen of India, sought asylum, withholding of removal, and protection under the Convention Against Torture (CAT), listing his wife and daughter as derivative beneficiaries. An Immigration Judge denied his application, and the Board of Immigration Appeals (BIA) affirmed that denial. Pal petitioned the Ninth Circuit for review, challenging the agency's findings. The core dispute centered on whether the agency's adverse credibility determination was reasonable and whether the record supported a finding of past persecution or a well-founded fear of future persecution.
The Ninth Circuit applied the substantial evidence standard to the BIA's factual findings, noting that it may only reverse where the evidence compels a contrary conclusion. The court focused first on the adverse credibility determination. The agency found that Pal submitted fraudulent medical documents; specifically, two medical records for injuries occurring in 2021 and 2022 contained identical language despite being authored by different doctors in different states. The court agreed that this fraud, combined with the fact that these injuries formed the basis of Pal's claim, reasonably supported an adverse credibility finding. Additionally, the record reflected numerous inconsistencies among Pal's forms, declarations, and testimony. For example, Pal indicated he was Christian on his original application but later testified he has been Sikh his entire life. He also testified that only he, his wife, and child were home during an attack, contradicting his father's declaration stating the father was present. Furthermore, Pal claimed he was physically attacked in March 2022 to the point of being unconscious, while a letter from his party leader stated he was only threatened. Under the REAL ID Act, the court noted that even minor inconsistencies bearing on veracity can support an adverse credibility determination. Given the sheer number of inconsistencies, the court found ample specific instances to support the agency's decision. Because Pal's testimony was not credible, the court held that substantial evidence supported the denial of asylum, as his testimony did not establish past persecution or a well-founded fear of future persecution. The court further reasoned that because Pal failed to meet the well-founded fear standard for asylum, he necessarily failed to meet the more stringent clear probability burden required for withholding of removal. Similarly, because the harm did not rise to the level of persecution, it necessarily fell short of the definition of torture required for CAT relief.
The petition is denied, and the underlying immigration decisions denying asylum, withholding of removal, and CAT protection remain undisturbed. Pal is subject to removal proceedings as previously ordered. The decision reinforces the Ninth Circuit's deference to agency credibility determinations when supported by evidence of fraud and material inconsistencies, even under the REAL ID Act.
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