Lemus-Gonzalez

MEMORANDUM

Ingrid Lemus-Gonzalez, a native and citizen of El Salvador, petitions for review of the denial of her claims for asylum, withholding of removal, and protection under the Convention Against Torture for failure to establish identity and to prosecute her claims in a timely fashion. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We grant the petition and remand for further proceedings.

When the BIA uses its summary affirmance procedure, the IJ’s decision “becomes the BIA’s decision and we evaluate the IJ’s decision as we would that of the Board.” Perez v. Mukasey, 516 F.3d 770, 773 (9th Cir.2008) (quoting Lanza v. Ashcroft, 389 F.3d 917, 925 (9th Cir.2004)).

The IJ abused his discretion by denying Lemus a continuance to comply with the fingerprinting requirement. See Cui v. Mukasey, 538 F.3d 1289 (9th Cir.2008); Karapetyan v. Mukasey, 543 F.3d 1118 (9th Cir.2008). As in Cui , the evidence here was “vital to the success of [Lemus’s] petitions.” Cui, 538 F.3d at 1292-93 . Granting a continuance would not have resulted in any cognizable inconvenience to the court or to the government. See id. at 1295 . The afternoon of October 18, 2005, had already been reserved for…