Kaur

Kaur v. Holder

Good Law
351 F. App'x 201
United States Court of Appeals for the Ninth CircuitNovember 2, 2009No. 07-70343California286 words

Opinion

Lead Opinion

MEMORANDUM **

Mandeep Kaur, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s (“IJ”) decision 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 for substantial evidence, Gu v. Gonzales, 454 F.3d 1014, 1018-19 (9th Cir.2006), and we deny in part and dismiss in part the petition for review.

Substantial evidence supports the IJ’s conclusion that Kaur did not suffer past persecution because the mistreatment she suffered during her two-day detention did not rise to the level of persecution. See id. at 1019-21 . Further, substantial evidence also supports the IJ’s conclusion that Kaur did not establish her fear of returning to India was objectively reasonable. See Molina-Estrada v. INS, 293 F.3d 1089, 1095-96 (9th Cir.2002). Accordingly, Kaur’s asylum claim fails.

Because Kaur failed to establish eligibility for asylum, she necessarily failed to meet the more stringent standard for withholding of removal. See Zehatye v. Gonzales, 453 F.3d 1182, 1190 (9th Cir.…

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