Kaur

Kaur v. Ashcroft

Good Law
86 F. App'x 240
United States Court of Appeals for the Ninth CircuitDecember 16, 2003No. 02-74163California294 words

Opinion

Lead Opinion

MEMORANDUM **

Gurdeep Kaur, a native and citizen of India, petitions for review the Board of Immigration Appeals’ (“BIA”) decision affirming an immigration judge’s (“IJ”) decision denying her application for asylum, withholding of removal, and relief under Article 3 of the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence credibility findings, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and we review de novo due process challenges, Padilla v. Ashcroft, 334 F.3d 921, 923 (9th Cir.2003). We deny the petition.

In finding Kaur not credible, the IJ and BIA pointed to internal inconsistencies in Kaur’s testimony regarding her claim that the Indian police arrested her husband for his involvement with Sikh militants, and that police raped her. These inconsistencies go to the heart of Kaur’s asylum claim and are supported by substantial evidence. See Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001).

Substantial evidence also supports the BIA’s finding that Kaur failed to explain why a corroborating affidavit from her husband was not easily available. See Sidhu v. INS, 220 F.3d 1085, 1092 (9th Cir.2000) (holding that…

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.