Kaur

Kaur v. Mukasey

Good Law
308 F. App'x 139
United States Court of Appeals for the Ninth CircuitJanuary 13, 2009No. 04-72541California268 words

Opinion

Lead Opinion

MEMORANDUM **

Amarjit Kaur, a native and citizen of India, petitions for review of a Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration *140 judge’s decision denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we deny the petition for review.

Substantial evidence supports the BIA’s adverse credibility determination because Kaur’s lack of knowledge regarding groups that support Khalistan was a material discrepancy central to her claims. See Singh v. Ashcroft, 367 F.3d 1139, 1143 (9th Cir. 2004); Li v. Ashcroft, 378 F.3d 959, 964 (9th Cir.2004) (adverse credibility determination is supported where at least one of the identified grounds is supported by substantial evidence and goes to the heart of the claim). Accordingly, Kaur’s asylum claim fails.

Because Kaur filed to satisfy the lower standard of proof for asylum, it necessarily follows that she failed to satisfy the more stringent standard for withholding of…

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