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Kaur v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Feb 11, 2016
637 F. App'x 304 (9th Cir. 2016)

Opinion

No. 10-70323

02-11-2016

GURJEET KAUR, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A095-574-966 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 9, 2016 San Francisco, California Before: HAWKINS, W. FLETCHER, and MURGUIA, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). --------

Gurjeet Kaur, a native and citizen of India, petitions for review of a decision by the Board of Immigration Appeals ("BIA") dismissing her appeal from an immigration judge's order of removal. We have jurisdiction under 8 U.S.C. § 1252, and we deny the petition for review.

Substantial evidence supports the BIA's determination that Kaur failed to establish past persecution or a well-founded fear of future persecution. See 8 U.S.C. § 1101(a)(42)(A). Kaur was never personally persecuted in India. Her asylum application was based on her late husband's political opinions, for which he was arrested and detained by Indian police twice in the early 1980s. Since her husband's death in 1993, Kaur has remarried twice, and she has returned to India on numerous occasions over the years without incident. Kaur's similarly-situated family members also continued to reside in India and never experienced persecution there. Given the paucity of evidence suggesting that the Indian government ever imputed to Kaur, or would today impute to Kaur, her deceased husband's political views, the BIA did not err in concluding that Kaur's relationship to her ex-husband was insufficient to establish a well-founded fear of persecution if Kaur were returned to India. See Belayneh v. I.N.S., 213 F.3d 488, 491 (9th Cir. 2000) (holding that substantial evidence supported agency's decision to deny an asylum claim based solely on the applicant's estranged spouse's political beliefs).

PETITION FOR REVIEW DENIED.


Summaries of

Kaur v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Feb 11, 2016
637 F. App'x 304 (9th Cir. 2016)
Case details for

Kaur v. Lynch

Case Details

Full title:GURJEET KAUR, Petitioner, v. LORETTA E. LYNCH, Attorney General…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Feb 11, 2016

Citations

637 F. App'x 304 (9th Cir. 2016)