Kaur

Kaur v. Holder

Good Law
323 F. App'x 608
United States Court of Appeals for the Ninth CircuitApril 24, 2009No. 05-72450California222 words

Opinion

Lead Opinion

MEMORANDUM **

Jasvir Kaur, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 998 (9th Cir.2003), and we deny the petition for review.

Substantial evidence supports the BIA’s determination that even if Kaur credibly established past persecution, the government rebutted Kaur’s presumption of a well-founded fear of future persecution by demonstrating that country conditions in India have changed significantly since her departure. See Sowe v. Mukasey, 538 F.3d 1281, 1285-86 (9th Cir.2008). The agency rationally construed the country reports in the record and provided a sufficiently individualized analysis of Kaur’s *609 situation. See Gonzalez-Hernandez, 336 F.3d at 1000 .

Because Kaur failed to establish eligibility for asylum, she necessarily failed to meet the more stringent standard for withholding of removal. See Sowe, 538…

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