Kaur

MEMORANDUM *

Under the substantial evidence standard, we cannot say Darshan Kaur’s testimony would compel the conclusion that she was persecuted in the past or has a well-founded fear of future persecution should she return to India. See Wang v. Ashcroft, 341 F.3d 1015, 1019-20 (9th Cir.2003); 8 U.S.C. § 1101 (a)(42)(A). Accordingly, we deny her petition for review of her asylum and withholding of removal claims. See Navas v. INS, 217 F.3d 646, *514 655 (9th Cir.2000) (failure to establish asylum eligibility means petitioner cannot meet more stringent withholding requirement).

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

Dissenting.

I believe that Kaur suffered past persecution and has demonstrated a well-founded fear of future persecution should she return to India.

The facts in evidence clearly illustrate that Kaur was persecuted on account of an imputed political opinion. See Vera-Valera v. INS, 147 F.3d 1036 , 1038 (9th Cir.1998). Kaur’s husband and son were both actively involved in the Sikh separatist movement and were both arrested and tortured by the Punjabi police. In turn, Kaur was victimized for allegedly harboring Sikh separatists and for supporting the separatist movement. Her home was raided on numerous occasions by police who were in search of her son, her husband, other alleged separatists, and weapons used by these separatists. This persistent persecution forced Kaur to flee from her home. After Kaur fled, the village sarpanch declared that he feared Kaur would be arrested or. perhaps killed by the police if she were to return to India.

Kaur may qualify for asylum if she demonstrates a well-founded fear of future persecution. See Mendez-Gutierrez v. Ashcroft, 340 F.3d 865, 870 (9th Cir.2003). If Kaur establishes past persecution, a rebuttable presumption arises that her fear of…