Kapoor

Kapoor v. Gonzales

Good Law
237 F. App'x 257
United States Court of Appeals for the Ninth CircuitJune 20, 2007No. 05-73136California471 words

Opinion

Lead Opinion

MEMORANDUM **

Lead petitioner Baljinder Singh Kapoor, a native and citizen of India, seeks review of the decision by the Board of Immigration Appeals (“BIA”). The BIA dismissed Kapoor’s appeal from the Immigration Judge’s (“IJ”) denial of an application for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). 1 We have jurisdiction under 8 U.S.C. § 1252 . We deny the petition for review.

The BIA order relied on the IJ’s reasoning and reviewed the IJ’s factual findings for clear error. See 8 C.F.R. § 1003.1 (d)(3)(i). We look to the IJ’s oral decision “as a guide to what lay behind the BIA’s conclusion,” Kozulin v. INS, 218 F.3d 1112, 1115 (9th Cir.2000), and review an adverse credibility finding for substantial evidence, Lata v. INS, 204 F.3d 1241, 1245 (9th Cir.2000). We will grant the petition for review only if the evidence compels a contrary conclusion. See Zehatye v. Gonzales, 453 F.3d 1182, 1185 (9th Cir.2006).

Substantial evidence supports the adverse credibility finding. The IJ provid *259 ed a specific and cogent explanation for her finding that Kapoor’s emotionless and expressionless demeanor was “more consistent with a well…

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