Kaur

Kaur v. Immigration & Naturalization Service

Good Law
83 F. App'x 228
United States Court of Appeals for the Ninth CircuitDecember 16, 2003No. 03-70179; Agency No. A75-306-214California337 words

Opinion

Lead Opinion

MEMORANDUM **

Pawanjit Kaur petitions for review of a final decision of the Board of Immigration Appeals (BIA) denying her requests for asylum, withholding of removal, and relief under the United Nations Convention Against Torture. We have jurisdiction *229 pursuant to 8 U.S.C. § 1252 , and we deny the petition.

DISCUSSION

To establish her eligibility for asylum, Kaur was required to demonstrate that she is unable or unwilling to return to India because of past persecution or a well-founded fear of persecution on account of political opinion. See Singh v. INS, 340 F.3d 802, 807 (9th Cir.2003). Substantial evidence supports the BIA’s conclusion that Kaur failed to establish her eligibility for asylum. See id. at 806 (noting that we may reverse the BIA’s decision only if petitioner’s evidence was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution).

The BIA discredited Kaur’s testimony because of inconsistencies in her testimony. Although Kaur now seeks to characterize the inconsistencies as minor, we agree with the BIA that the inconsistencies were major and “go to the heart of [Kaur’s] application.” See Alvarez-Santos v. INS, 332…

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