Kaur

Kaur v. Ashcroft

Good Law
89 F. App'x 70
United States Court of Appeals for the Ninth CircuitFebruary 23, 2004No. 02-71442; Agency No. A75-309-285California218 words

Opinion

Lead Opinion

MEMORANDUM ***

Daljit Kaur, a native and citizen of India, petitions for review of a Board of Immigration Appeals (“BIA”) decision summarily affirming the immigration judge’s (“IJ”) denial of his application for asylum and withholding of removal. 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).

The IJ based his credibility finding on a number of inconsistencies in petitioner’s testimony concerning, inter alia, the number of times she was arrested and her support for Khalistan. These inconsistencies went to the heart of her asylum claim. See Chebchoub, 257 F.3d at 1043 . The record does not compel the conclusion that petitioner’s testimony was credible. See Singh v. INS, 134 F.3d 962, 966 (9th Cir. 1998). Accordingly, petitioner failed to establish eligibility for asylum or withholding of removal.

Petitioner’s contention that the BIA’s opinion insufficiently articulated its reasons for denying relief is foreclosed by Falcon Carriche v. Ashcroft, 350 F.3d 845, 850-51 (9th…

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