Kaur

Kaur v. Holder

Good Law
339 F. App'x 729
United States Court of Appeals for the Ninth CircuitJuly 27, 2009No. 06-72822California278 words

Opinion

Lead Opinion

MEMORANDUM **

Amarjit Kaur, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ decision dismissing her appeal from an immigration judge’s (“IJ”) order denying her 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 the IJ’s adverse credibility determination for substantial evidence. Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the IJ’s determination that Kaur failed to timely file her asylum application because the underlying facts are disputed. Cf. Ramadan v. Gonzales, 479 F.3d 646, 650 (9th Cir.2007) (per curiam). Accordingly, we dismiss the petition as to her asylum claim.

Substantial evidence supports the IJ’s adverse credibility determination. Kaur testified about her political involvement in a manner inconsistent with the documentary evidence she offered to substantiate her claim. See Goel v. Gonzales, 490 F.3d 735, 739 (9th Cir.2007) (inconsistencies between testimony and documentary evidence support an adverse credibility…

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