Kaur

Kaur v. Gonzales

Good Law
232 F. App'x 634
United States Court of Appeals for the Ninth CircuitApril 20, 2007No. 05-73346California616 words

Opinion

Lead Opinion

MEMORANDUM **

Harmeet Kaur, a native and citizen of India, petitions for review of the denial by *635 the Board of Immigration Appeals (BIA) of her appeal of the decision of an Immigration Judge (IJ), finding her not credible and denying her application for asylum, withholding of deportation, and relief under the Convention Against Torture (CAT). We deny the petition for review.

Kaur needed to demonstrate that she suffered persecution in the past on account of her Sikh religion, or had a well-founded fear of persecution in the future, to establish eligibility for asylum. See Bhasin v. Gonzales, 423 F.3d 977, 984 (9th Cir.2005). The IJ denied relief because Kaur was not credible, and also concluded that she had filed a frivolous asylum application. The BIA agreed and dismissed Kaur’s appeal. We review the BIA’s opinion and the IJ’s decision as adopted by the BIA. See Kalubi v. Ashcroft, 364 F.3d 1134 , 1137 n. 3 (9th Cir.2004).

The adverse credibility determination must be supported by substantial evidence, and we reverse only if the evidence compels a conclusion that Kaur was telling the truth. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003). We will affirm an adverse…

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