Kaur

Kaur v. Gonzales

Good Law
168 F. App'x 818
United States Court of Appeals for the Ninth CircuitFebruary 22, 2006No. 04-72026California409 words

Opinion

Lead Opinion

MEMORANDUM **

Anup Kaur, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings based on changed country conditions in India. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 (a)(1). We review for abuse of discretion the denial of a motion to reopen, see De Martinez v. Ashcroft, 363 F.3d 1022, 1024 (9th Cir. 2004), and we deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Kaur’s motion to reopen because the newspaper articles she submitted were too general to demonstrate an objective basis for fearing persecution in India, and she offered no evidence to overcome the immigration judge’s (“IJ”) adverse credibility finding. Thus, Kaur failed to establish prima facie eligibility for asylum or withholding of removal. See 8 C.F.R. § 1003.2 (c)(1); Konstantinova v. INS, 195 F.3d 528, 530 (9th Cir.1999) (upholding the denial of motion to reopen where petitioner introduced evidence that was too general in nature to demonstrate a well-founded fear of persecution).

The BIA did not abuse its discretion in declining to…

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