Kaur

Kaur v. Ashcroft

Good Law
89 F. App'x 105
United States Court of Appeals for the Ninth CircuitFebruary 26, 2004No. 02-73438; Agency No. A73-414-097California355 words

Opinion

Lead Opinion

*106 MEMORANDUM *

Balwinder Kaur, a native and citizen of India, seeks review of a final order of removal issued by the Board of Immigration Appeals (“BIA”). On appeal Kaur contends that the Immigration Judge’s (“IJ’s”) credibility determination and his decision that she did not meet the eligibility requirements for asylum or withholding are not supported by substantial evidence. We hold that the IJ’s adverse credibility determination is supported by substantial evidence and deny the petition for review.

I

We review adverse credibility determinations under the highly deferential substantial evidence standard. Lata v. INS, 204 F.3d 1241, 1245 (9th Cir.2000). “An IJ’s credibility findings are given substantial deference by the reviewing court, but must be supported by a ‘specific, cogent reason’ for the disbelief.” Berroteran-Melendez v. INS, 955 F.2d 1251, 1256 (9th Cir.1992) (quoting Turcios v. INS, 821 F.2d 1396, 1399 (9th Cir.1987)). We have refused to overturn an adverse credibility determination where the inconsistencies identified by the IJ or BIA go to the heart of the asylum claim. See Pal v. INS, 204 F.3d 935, 938 (9th Cir.2000).

Here the IJ offered specific, cogent…

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