Tajinder Kaur v. Eric Holder, Jr.

MEMORANDUM

Tajinder Kaur, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We dismiss in part and grant in part the petition for review, and we remand.

We lack jurisdiction to consider any contentions by Kaur regarding her membership in a particular social group of “Indian women who are resistant to forced marriage” because she did not exhaust this claim before the agency. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004).

Kaur presented evidence police in India beat, detained, and sexually assaulted her, and that they have continued to look for her after she came to the United States. She also presented evidence that police were and are interested in her because of her ties to her brother, who they accuse of helping terrorists, and because one police officer wants to…