Kaur

Kaur v. Gonzales

Good Law
176 F. App'x 746
United States Court of Appeals for the Ninth CircuitApril 10, 2006No. 04-75512California308 words

Opinion

Lead Opinion

MEMORANDUM **

Balvinder Kaur, a native and citizen of India, petitions for review of an order of the Board of Immigration Appeals affirming without opinion an Immigration Judge’s (“IJ”) denial of 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 . Reviewing for substantial evidence, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), we deny the petition for review.

Substantial evidence supports the IJ’s adverse credibility finding because the internal inconsistencies in Kaur’s testimony regarding whether she was raped in custody by an Indian police officer are not minor and go to the heart of her asylum claim. See id. at 1043 .

Additionally, substantial evidence supports the IJ’s adverse credibility finding because the IJ described specific, non-verbal aspects of Kaur’s demeanor that negatively affected her credibility. See Jibril v. Gonzales, 423 F.3d 1129, 1135 (9th Cir. 2005).

Because Kaur cannot meet the lower standard of eligibility for asylum, she has failed to show that she is entitled to withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th…

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