Amandeep Kaur v. Eric Holder, Jr.

Good Law
574 F. App'x 761
United States Court of Appeals for the Ninth CircuitMay 21, 201410-71853California434 words

Opinion

Opinion

MEMORANDUM

Petitioner Amandeep Kaur, along with her husband and son as derivative applicants, petition for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the immigration judge’s (“IJ”) denial of their application for asylum and withholding of removal, and their request for relief under Article 3 of the United Nations Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . Because substantial evidence supports the BIA and IJ’s adverse credibility determination, we deny the petition. See Jie Cui v. Holder, 712 F.3d 1332, 1336 (9th Cir.2013).

1. The BIA permissibly relied on the IJ’s findings related to Kaur’s demeanor as a basis for the adverse credibility determination. See 8 U.S.C. § 1158 (b)(l)(B)(iii) (establishing that an IJ may “base a credibility determination on the demeanor ... of the applicant”); Kin v. Holder, 595 F.3d 1050, 1056 (9th Cir.2010) (explaining that where the BIA defers “to the IJ’s demean- or determination, we ... look to the IJ’s decision as a guide to what lay behind the BIA’s conclusion” (internal quotation marks and alterations omitted)). A credibility determination based on demeanor deserves…

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