Kaur

Kaur v. Holder

Good Law
362 F. App'x 718
United States Court of Appeals for the Ninth CircuitJanuary 19, 2010No. 07-71108California341 words

Opinion

Lead Opinion

MEMORANDUM **

Palwinder Kaur, a native and citizen of India, petitions for review of a Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her application for relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review factual findings for substantial evidence, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and we review de novo claims of due process violations, Iturribarria v. *719 INS, 321 F.3d 889, 894 (9th Cir.2003). We deny the petition for review.

On July 26, 2006, the court issued a memorandum disposition that concluded substantial evidence supported the agency’s adverse credibility finding, and, thus, that Kaur’s asylum and withholding of removal claims failed. See Kaur v. Gonzales, 192 Fed.Appx. 621 (9th Cir.2006). The court remanded Kaur’s CAT claim because the BIA did not address it. On remand, the BIA denied Kaur’s CAT claim and Kaur petitions for review of that decision.

Even if Kaur properly raised her CAT claim to the BIA, substantial evidence supports the BIA’s denial of the claim because it is based on the same testimony found to be not…

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.