Kaur

Kaur v. Gonzales

Good Law
210 F. App'x 687
United States Court of Appeals for the Ninth CircuitDecember 12, 2006No. 05-72088California282 words

Opinion

Lead Opinion

MEMORANDUM **

Inderjit Kaur, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing her appeal from an Immigration Judge’s (“IJ”) denial of her application for asylum and withholding of removal, and request for relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence and will uphold the BIA’s and IJ’s decisions unless the evidence compels a contrary conclusion. Malhi v. INS, 336 F.3d 989, 992-93 (9th Cir.2003). We deny the petition.

Substantial evidence supports the BIA’s and IJ’s denial of asylum based on an adverse credibility finding. Kaur testified inconsistently regarding matters that go to the heart of her claim, including the circumstances surrounding her brother’s arrest, whether the police continue to search for her, and whether her brother and father were released shortly after their last arrest or were still detained when she came to the United States. See Li v. Ashcroft, 378 F.3d 959, 962-63 (9th Cir. 2004).

Because Kaur failed to establish eligibility for asylum, she necessarily failed to meet the more stringent standard for…

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