Kaur

Kaur v. Holder

Good Law
331 F. App'x 498
United States Court of Appeals for the Ninth CircuitMay 29, 2009No. 05-75706California672 words

Opinion

Lead Opinion

MEMORANDUM **

Rupinder Kaur, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of her appeal of an Immigration Judge’s (“IJ”) denial of asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We grant in part and deny in part the petition for review.

The facts of the case are known to the parties, and we do not repeat them here.

I

Kaur argues that the BIA erred in concluding that she failed to meet her burden of showing her application for asylum was timely filed. We have jurisdiction to review this legal question. See Ramadan v. Gonzales, 479 F.3d 646, 654 (9th Cir.2007). Kaur is eligible for asylum if she “demonstrates by clear and convincing evidence that the application has been filed within 1 year after the date of [her] arrival in the United States.” See 8 U.S.C. § 1158 (a)(2)(B). Contrary to Kaur’s assertions, the IJ concluded that Kaur failed to show her asylum application was timely filed independent of finding Kaur’s testimony not credible. Kaur presented no evidence, other than her testimony, to meet her burden of showing by clear and…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.