Kaur

Kaur v. Ashcroft

Good Law
119 F. App'x 866
United States Court of Appeals for the Ninth CircuitDecember 15, 2004No. 03-73990; Agency No. A76-673-494California328 words

Opinion

Lead Opinion

MEMORANDUM **

Amarjit Kaur, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance of the Immigration Judge’s (“IJ”) denial of her applications for asylum, withholding of removal and relief pursuant to the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 (a). We review the BIA’s decision for substantial evidence. See Cordon-Garcia v. INS, 204 F.3d 985, 990 (9th Cir.2000). We deny the petition.

The BIA declined to adopt the IJ’s adverse credibility finding, but concurred with the IJ’s conclusion that Kaur did not meet her burden of proving eligibility for asylum. That finding is supported by substantial evidence.

Nothing in the record suggests that either Kaur or her husband were persecuted on account of a protected ground. Instead, Kaur’s own testimony supports the conclusion that the “interrogation tactics employed by the [Indian] police, albeit heavy-handed and inconsistent with what we would find acceptable, were nevertheless directed at the legitimate goal of finding evidence of crime rather than the illegitimate one of harassing a political opponent.” Dinu v. Ashcroft, 372 F.3d 1041, 1044…

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