Kaur

Kaur v. Holder

Good Law
360 F. App'x 858
United States Court of Appeals for the Ninth CircuitDecember 29, 200907-71357California256 words

Opinion

Opinion

MEMORANDUM

Baljinder Kaur, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), and we deny the petition for review.

Substantial evidence supports the agency’s finding that the severity of the harm Kaur experienced in India, including her brief detention and physical mistreatment, did not rise to the level of persecution. See Prasad v. INS, 47 F.3d 336, 339 (9th Cir.1995). Substantial evidence also supports the agency’s finding that Kaur does not face a well-founded fear of future persecution, because her fear of future harm is too speculative. See Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir.2003).

Since Kaur did not establish eligibility for asylum, she necessarily failed to satisfy the more stringent standard for withholding of removal. See Zehatye v. Gonzales, 453 F.3d 1182, 1190 (9th Cir.2006).

Substantial evidence also…

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