Kaur

Kaur v. Immigration & Naturalization Service

Good Law
73 F. App'x 977
United States Court of Appeals for the Ninth CircuitAugust 25, 2003No. 01-70427; Agency No. A75-016-979California496 words

Opinion

Lead Opinion

MEMORANDUM ***

Petitioner Rajbir Kaur, a Sikh native of Punjab, India, appeals from the decision of the Board of Immigration Appeals (“BIA”) *978 denying her application for asylum and withholding of deportation based on an adverse credibility determination.

Review of credibility findings is under the substantial evidence standard, see Mejia-Paiz v. INS, 111 F.3d 720 , 723 (9th Cir.1997), and minor discrepancies, inconsistencies, or omissions that do not go to the “heart” of an applicant’s asylum claim cannot constitute substantial evidence of adverse credibility. Akinmade v. INS, 196 F.3d 951, 954 (9th Cir.1999). Of the six grounds on which the BIA based its determination, there are only two categories of “inconsistencies” that fairly pertain to the “heart” of Kaur’s claim: first, Kaur’s testimony regarding the number of men who beat her husband and regarding her husband’s clothing and positioning during his torture; and second, her testimony regarding the precise sequence of occurrences relating to the rapes and regarding the number and identity of the perpetrators.

We find that the record reveals that the “inconsistencies” in her testimony are minor discrepancies in relation…

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.