Kaur

Kaur v. Ashcroft

Good Law
86 F. App'x 311
United States Court of Appeals for the Ninth CircuitJanuary 16, 2004No. 02-73914; Agency No. A75-251-463California362 words

Opinion

Lead Opinion

MEMORANDUM **

Salwinder Kaur, a native and citizen of India, petitions for review of the Board of *312 Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) denial of her application for asylum and relief under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 . We review credibility findings for substantial evidence. Singh-Kaur v. INS, 183 F.3d 1147, 1149-50 (9th Cir.1999). We deny the petition for review.

The IJ observed that Kaur, who testified in Punjabi through a translator, often answered questions before they were translated from English into Punjabi and noted that Kaur’s demeanor in responding on cross-examination indicated that she was reciting something she had memorized. We give “special deference” to a credibility determination based on demeanor and find no reason to discount the IJ’s reliance on Kaur’s demeanor. See id. at 1151 . In addition, the IJ noted that Kaur testified inconsistently about whether she attended rallies or moved to her parents’ home before or after her husband disappeared. See Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001) (inconsistencies going to the heart of an asylum claim support adverse…

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