Kaur

Kaur v. Gonzales

Good Law
125 F. App'x 854
United States Court of Appeals for the Ninth CircuitApril 7, 2005No. 03-73626; Agency No. A76-842-222California276 words

Opinion

Lead Opinion

MEMORANDUM ***

Devinder Pal Kaur, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s denial of her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review an adverse credibility finding for substantial evidence and will uphold the decision unless the evidence compels a contrary conclusion. See Singh v. Ashcroft, 367 F.3d 1139, 1143 (9th Cir.2004). We deny the petition for review.

Substantial evidence supports the BIA’s decision. Kaur’s testimony conflicted with documentary evidence indicating she entered the United States on a previous occasion, before her arrests and beatings in India allegedly occurred. See Pal v. INS, 204 F.3d 935, 938 (9th Cir.2000). Substantial evidence also supports the BIA’s conclusion that Kaur gave false testimony and filed a frivolous asylum application. Cf. Farah v. Ashcroft, 348 F.3d 1153, 1157-58 (9th Cir.2003) (citing 8 U.S.C. § 1158 (d)(6) and 8 C.F.R. § 208.20 ).

Because Kaur failed to establish eligibility for asylum, she necessarily failed to meet the…

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