Kaur

Kaur v. Gonzales

Good Law
150 F. App'x 713
United States Court of Appeals for the Ninth CircuitOctober 19, 2005No. 04-71385California388 words

Opinion

Lead Opinion

MEMORANDUM **

Manjit Kaur, a native and citizen of India, petitions for review of a decision of the *714 Board of Immigration Appeals (“BIA”) dismissing her appeal from an Immigration Judge’s (“IJ”) order denying her applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review credibility findings under the substantial evidence standard, and we will reverse the decision only if the evidence compels that result. Pal v. INS, 204 F.3d 935 , 937 n. 2 (9th Cir.2000). We deny the petition for review.

Substantial evidence supports the BIA’s adverse credibility determination, which is based on Kaur’s failure to respond to numerous questions during cross-examination and on Kaur’s demeanor. The IJ specifically noted that Kaur refused to answer questions about the two arrests that lie at the heart of her claim and could not explain a discrepancy between her testimony on direct and an earlier declaration. See Singh v. Ashcroft, 301 F.3d 1109, 1114 (9th Cir.2002) (adverse credibility finding based on unresponsiveness must identify particular instances where alien refuses to answer…

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