Kaur

Kaur v. Ashcroft

Good Law
120 F. App'x 129
United States Court of Appeals for the Ninth CircuitJanuary 14, 2005No. 03-73179California362 words

Opinion

Lead Opinion

MEMORANDUM **

Balwinder Kaur, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ summary affirmance without opinion of an Immigration Judge’s (“IJ”) denial of her applications for asylum, withholding of deportation, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to former 8 U.S.C. § 1105 (a), see Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), and review adverse credibility determinations for substantial evidence. Lata v. INS, 204 F.3d 1241, 1245 (9th Cir.2000). We deny the petition.

On cross-examination, Kaur first testified that she was a Sehajdhari Sikh, then quickly changed her testimony to claim she was a Keshadhari Sikh. In contrast, two of the documents submitted by Kaur refer to her status as an Amritdhari (baptized) Sikh. Moreover, Kaur was unable to remember details concerning the 1991 elections, even though one of the incidents upon which she bases her claim began during a political gathering at which she spoke about those very elections. These inconsistencies go to the heart of Kaur’s claim that her alleged persecution was “on account of’ a protected ground. See Valderrama v. INS, 260…

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