Kawaldeep Sethi v. Eric Holder, Jr.

MEMORANDUM

Petitioner Kawaldeep Singh Sethi, on behalf of himself and his family, petitions for review of a BIA decision affirming the IJ’s adverse credibility determination and consequent denial of Sethi’s applications for asylum, withholding of removal, and protection under the Convention Against Torture. Sethi also petitions for review of the BIA’s denial of his motion to reopen. For the reasons discussed below, we grant the petition in No. 10-72404 and remand to the BIA for a new hearing, and deny the petition in No. 13-73367 as moot.

With respect to the petition in No. 10-72404, Sethi argues that the IJ’s exclusion of documentary evidence at his asylum hearing violated due process, and that substantial evidence does not support the adverse credibility determination. Where, as here, the BIA expressly adopts a portion of the IJ decision as its own, this Court reviews that portion of the IJ decision as the agency’s final decision. Molina-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002). We review legal questions de novo and factual findings for substantial evidence. Kumar v. Holder, 728 F.3d 993, 998 (9th Cir.2013). We review due process claims in removal proceedings de…