Kaur

Kaur v. Gonzales

Good Law
173 F. App'x 625
United States Court of Appeals for the Ninth CircuitMarch 16, 2006No. 04-72987. Agency No. A70-547-194California980 words

Opinion

Lead Opinion

MEMORANDUM **

Avinash Kaur, a native and citizen of India, seeks review of a final order issued by the Board of Immigration Appeals (“BIA”) summarily affirming an immigration judge’s (“IJ”) denial of her applications for cancellation of removal, asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence an IJ’s adverse credibility determination, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and an IJ’s conclusion that an applicant failed to demonstrate the requisite physical presence for cancellation of removal, Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 850-51 (9th Cir.2004). We review for abuse of discretion an IJ’s decision to take' administrative notice, Castillo-Villagra v. INS, 972 F.2d 1017, 1028 (9th Cir.1992), and an IJ’s denial of a request for a subpoena, Kaur v. INS, 237 F.3d 1098, 1099 (9th Cir.2001). We review de novo the due process claims. Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We deny in part and remand in part the petition for review.

The IJ’s adverse credibility finding rests on, among other things, inconsistencies between…

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