Harwinder Kaur v. Eric H. Holder Jr.

Good Law
482 F. App'x 279
United States Court of Appeals for the Ninth CircuitSeptember 6, 201209-70210California560 words

Opinion

Opinion

MEMORANDUM

Harwinder Kaur, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming an immigration judge’s (“IJ”) decision denying her application for asylum and withholding of removal, as well as her petition for relief under Article III of the Convention Against Torture (“CAT”). Kaur also appeals the BIA’s affirmance of the IJ’s finding that she filed a frivolous asylum application, permanently barring her from relief under the Immigration and Nationality Act (“INA”). Our jurisdiction is governed by 8 U.S.C. § 1252 . Perdomo v. Holder, 611 F.3d 662, 665 (9th Cir.2010). We review de novo the agency’s legal conclusions. Hamazaspyan v. Holder, 590 F.3d 744, 747 (9th Cir.2009). We deny Kaur’s petition for review.

Kaur contends that she should not be permanently barred from receiving INA benefits because she was not properly advised of the consequences of filing a frivolous asylum application, as required by 8 U.S.C. § 1158 (d)(4)(A). However, it is undisputed that Kaur signed the standard I-589 asylum application form. As we held in Cheema v. Holder, 693 F.3d 1045 , filed concurrently with this memorandum, the conspicuous…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.