Kaur

Kaur v. Gonzales

Good Law
162 F. App'x 779
United States Court of Appeals for the Ninth CircuitJanuary 13, 2006No. 04-74359California295 words

Opinion

Lead Opinion

MEMORANDUM **

Balwinder Kaur, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“IJ”) denial of her applications for asylum, withholding of removal, and for relief *780 under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review the IJ’s decision for substantial evidence and may reverse only if the evidence compels such a result. INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition for review.

Substantial evidence supports the IJ’s decision that petitioner failed to establish past persecution or a well-founded fear of future persecution. Because petitioner’s two-day detention fails to rise to the level of persecution, and she did personally not experience any other harm and remained in India without incident for one year after her husband’s detention, her asylum claim accordingly fails. See Prasad v. INS, 47 F.3d 336, 337-38 (9th Cir.1995) (brief detention with some physical mistreatment not persecution); see also Al-Saher v. INS, 268 F.3d 1143, 1146 (9th Cir.2001) (five to six-day detention did…

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