Ghotra

Ghotra v. Ashcroft

Good Law
114 F. App'x 957
United States Court of Appeals for the Ninth CircuitDecember 15, 2004No. 03-73515; Agency No. A77-381-997California243 words

Opinion

Lead Opinion

MEMORANDUM **

Navneet Ghotra, a native and citizen of India, petitions for review of the Board of *958 Immigration Appeals’ (“BIA”) decision, which affirmed the Immigration Judge’s order denying her applications for asylum, withholding of removal and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence an adverse credibility determination, Chebchoub v. INS, 257 F.3d 1038, 1042-43 (9th Cir.2001), and we deny this petition for review.

Substantial evidence supports the BIA’s reliance upon critical omissions in Ghotra’s asylum application. See Alvarez-Santos v. INS, 332 F.3d 1245, 1254 (9th Cir.2003). The omissions go directly to the heart of Ghotra’s claim because the number and type of police threats, and the threats by the All India Sikh Students Federation formed the basis of Ghotra’s alleged persecution and fear of future persecution. See Chebchoub, 257 F.3d at 1043 .

Because Ghotra did not establish that she was eligible for asylum, it follows that she did not satisfy the more stringent standard for withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

Because…

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