Darshan Kaur v. Eric Holder, Jr.

MEMORANDUM

Darshan Kaur and her son, natives and citizens of India, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s decision denying their 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 the agency’s factual findings, applying the standards governing adverse credibility determinations created by the REAL ID Act, Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir.2010), and we deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination because Kaur gave inconsistent testimony regarding her husband’s whereabouts on the date of her first alleged arrest, see id. at 1040-44 (adverse credibility determination was reasonable under the REAL ID Act’s “totality of the circumstances”), and Kaur’s explanation does not compel a different conclusion, see Rivera v. Mukasey, 508 F.3d 1271, 1275 (9th Cir.2007) (upholding agency finding that explanations were insufficient). In the absence of credible testimony, petitioners’ asylum and…