Khurana

Khurana v. Gonzales

Good Law
134 F. App'x 147
United States Court of Appeals for the Ninth CircuitJune 8, 2005No. 04-71225; Agency No. A95-414-664California419 words

Opinion

Lead Opinion

MEMORANDUM ***

Gurpreet Khurana, a native and citizen of India, petitions for review of the decision of the Board of Immigration Appeals (BIA) affirming the denial by an immigration judge (IJ) of her requests for asylum, withholding of removal, relief under the Convention Against Torture (CAT), and the IJ’s finding that Khurana filed a frivolous asylum application. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence and will uphold the BIA’s determination unless the evidence compels a contrary result. Molina-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002). We deny the petition.

Substantial evidence supports the adverse credibility finding. As one material example, there is an inconsistency between Khurana’s testimony that she was arrested and raped in India in March 1999, and her passport which indicated that she was not in India at this time. If one of the identified grounds underlying a negative credibility finding is supported by substantial evidence and goes to the heart of a claim of persecution, we are bound to accept the negative credibility finding. Li v. Ashcroft, 378 F.3d 959, 964 (9th Cir.2004). The record does not compel the…

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