Kaur

MEMORANDUM

An immigration judge (“IJ”) denied Petitioners’ applications for asylum and withholding of removal. The Board of Immigration Appeals (“BIA”) affirmed. This Court has jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition for review.

Lead Petitioner Darshan Kaur alleges that her politically active brother was arrested and killed by Punjabi police officers, and that the police threatened to harm her and her family once they had alleged misconduct. Because of these threats and additional threats by Sikh militants, Petitioners claim to fear persecution if they return to India.

As a preliminary matter, the BIA did not deny Petitioners due process by concluding that they had not established past persecution. The IJ expressly found that Kaur had not sufficiently established past persecution or a well-founded fear of persecution, and the BIA affirmed on both of those grounds. A failure to establish past persecution was therefore one basis for the denial of Petitioners’ claims, and they knew or should have known that the BIA could affirm, at least in part, on that ground.

Substantial evidence supports the BIA’s determination that Petitioners had not suffered…