Board did not err in affirming IJ’s denial of petitioner’s applications for asylum, withholding of removal and Convention Against Torture relief based on petitioner’s encounter with members of political party in India, where IJ could properly find that petitioner had exaggerated his injuries, as well as his account of alleged persecution. Record showed that petitioner had volunteered for events sponsored by Mann Party in India, that petitioner was never member of Mann Party, and that petitioner incurred certain injuries by members of rival political party in India on at least two occasions. Moreover, while petitioner testified that he incurred stitches on lip and neck, as well as broken teeth, written medical records, as well as petitioner’s written statement failed to mention stitches or broken teeth. As such, IJ could properly find that petitioner was not credible. Also, IJ could properly deny petitioner’s applications, since petitioner’s problems with rival party members were only sporadic and not serious enough to constitute past persecution.
Federal 7th Circuit Court
Civil Court
Immigration