Kaur
Kaur v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Balwinder Kaur, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ summary affirmance of an Immigration Judge’s (“IJ”) denial of her application for asylum, withholding of deportation, and relief under the Convention Against Torture (“CAT”). We review for substantial evidence, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and we deny in part, grant in part, and remand.
Substantial evidence supports the IJ’s adverse credibility finding based on inconsistencies between petitioner’s application and testimony and inconsistencies within petitioner’s testimony regarding the length of her first detention, where she was held after her first arrest, and whether she was politically active and detained during the period between her first and second arrest. See id. at 1043-45 .
Because petitioner failed to demonstrate that she is eligible for asylum, it follows that she did not satisfy the more stringent standard for withholding of deportation. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).
Because petitioner’s CAT claim is based on the same testimony' that was found not *710 credible, and she points to no other…