Kaur

Kaur v. Ashcroft

Good Law
84 F. App'x 843
United States Court of Appeals for the Ninth CircuitDecember 18, 2003No. 02-74450; Agency No. A70-810-299California332 words

Opinion

Lead Opinion

MEMORANDUM **

Harpreet Kaur, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of her appeal from an Immigration Judge’s (“IJ”) denial of her applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). The BIA adopted the IJ’s decision as its own. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition for review. See Lata v. INS, 204 F.3d 1241, 1244 (9th Cir.2000) (“[T]he IJ’s determination that an alien is not eligible for asylum must be upheld if supported by reasonable, substantial, and probative evidence in the record.”).

Although Kaur demonstrated past persecution, the consequent presumption of a well-founded fear of persecution was rebutted by the 1997 State Department “Addendum to the India Country Profile.” This document specifically concludes that membership in the All-India Sikh Students Federation (“AISSF”) “in itself does not result in prosecution or mistreatment.” While Kaur testified that she was not merely a member but rather a small-scale organizer of the AISSF, substantial evidence nevertheless supports the IJ’s determination that relevant…

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