Kaur

Kaur v. Holder

Good Law
338 F. App'x 627
United States Court of Appeals for the Ninth CircuitJuly 2, 2009No. 06-70777California299 words

Opinion

Lead Opinion

MEMORANDUM **

Jasvir Kaur, and her husband, Major Singh, both natives and citizens of India, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s decision denying their application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence, Lata v. INS, 204 F.3d 1241, 1244 (9th Cir.2000), and we reverse only if the evidence compels a contrary conclusion, INS v. Elias-Zacarias, 502 U.S. 478 , 481 *629 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review petitioners’ contention that they qualify for humanitarian asylum because they failed to exhaust this claim before the agency. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004)

Substantial evidence supports the agency’s finding that even assuming petitioners’ credibly established past persecution, the government rebutted petitioners’ presumption of a well-founded fear of future persecution by demonstrating changed country conditions in India. See 8 C.F.R. §…

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.