Kaur v. Gonzales
Kaur v. Gonzales
Opinion of the Court
MEMORANDUM
Petitioners Surinder Kaur and her minor son Ikram Pipal seek review of two final orders issued by the Board of Immigration Appeals (“BIA”).
The conclusion of the BIA that Kaur’s testimony is not credible is supported by substantial evidence. Sidhu v. I.N.S., 220 F.3d 1085, 1088 (9th Cir. 2000). “While accorded deference, a credibility determination must be supported by a specific, cogent reason. An adverse credibility ruling will be upheld so long as identified inconsistencies go to the heart of [the] asylum claim.” Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir. 2004) (internal citation
“[T]he applicant’s failure to corroborate his testimony can be fatal to his asylum application.” Sidhu, 220 F.3d at 1090. On appeal, Kaur does not argue that she has submitted corroborating evidence sufficient to support her claim but rather that she does not need corroborating evidence because her testimony is detailed and credible. As discussed above, the IJ’s decision that Kaur’s testimony was not credible is supported by substantial evidence.
“Failure to raise an issue in an appeal to the BIA constitutes a failure to exhaust remedies with respect to that question and deprives this court of jurisdiction to hear the matter.” Vargas v. I.N.S., 831 F.2d 906, 907-08 (9th Cir. 1987). Kaur’s claim— that her removal order is invalid ab initio because both the immigration judge and the BIA granted voluntary departure without authority to do so — is not exhausted. Kaur’s claim that she had a right to a translation of her entire deportation proceeding is similarly unexhausted.
Kaur also claims that she has a due process right to a translation of her entire deportation hearing. This claim is not exhausted. Id. at 908 (“[A] petitioner cannot obtain review of procedural errors in the administrative process that were not raised before the agency merely by alleging that every such error violates due process.”).
Respondent’s motion to vacate the court’s temporary stay of petitioners’ voluntary departure is dismissed as moot.
PETITIONS DENIED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.