Kaur

Kaur v. Gonzales

Good Law
221 F. App'x 644
United States Court of Appeals for the Ninth CircuitFebruary 23, 2007No. 05-75323California328 words

Opinion

Lead Opinion

MEMORANDUM **

Balwinder Kaur, a native and citizen of India, petitions for review of the Board of *645 Immigration Appeals’ decision summarily affirming 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 adverse credibility determinations for substantial evidence, Malhi v. INS, 336 F.3d 989, 992-93 (9th Cir.2003), and review de novo claims of due process violations, Sanchez-Cruz v. INS, 255 F.3d 775, 779 (9th Cir.2001). We deny the petition.

Substantial evidence supports the IJ’s denial of asylum based on an adverse credibility finding. Kaur’s testimony was inconsistent with her asylum application regarding matters that go to the heart of her claim, including whether her husband was abducted by police, and whether documents he was delivering to Chandigarh contained evidence of police atrocities against the Sikhs. See Li v. Ashcroft, 378 F.3d 959, 962-63 (9th Cir.2004). Additionally, although Kaur testified that the Indian police continue to search for her, she omitted the information in her asylum application. See…

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