Bhullar

Bhullar v. Gonzales

Good Law
123 F. App'x 811
United States Court of Appeals for the Ninth CircuitFebruary 25, 2005No. 04-71393California301 words

Opinion

Lead Opinion

MEMORANDUM ***

Sarbjeet Kaur Bhullar, a native and citizen of India, petitions for review from the summary affirmance by the Board of Immigration Appeals (“BIA”) of the opinion of an Immigration Judge (“IJ”), denying her application for asylum, withholding, and Convention Against Torture relief. We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition for review.

We review the IJ’s decision because the BIA affirmed summarily. See Khup v. Ashcroft, 376 F.3d 898, 902 (9th Cir.2004). The IJ found Bhullar not credible, and that determination must be supported by substantial evidence and “a legitimate articulable basis to question the petitioner’s credibility, and ... a specific, cogent reason for any stated disbelief.” Malhi v. INS, 336 F.3d 989, 992 (9th Cir.2003) (quotations omitted). “The discrepancies must go to the heart of the asylum claim.” Id. at 992-93 .

The IJ’s decision met this standard. The IJ noted that Bhullar was not credible because she failed to explain why she had obtained her passport before any claimed police persecution. He found it incredible that after three years of marriage, Bhullar would not know her husband’s immigration status or even when…

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