Charanjit Kaur v. Loretta E. Lynch

MEMORANDUM

The 90-day stay of proceedings in this case expired on May 18, 2015. Thus, respondent’s motion to lift the stay is denied as moot.

Charanjit 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 (“IJ”) decision denying her application for asylum, withholding, of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, applying the standards governing adverse credibility determinations created by the REAL ID Act. Lai v. Holder, 773 F.3d 966, 970 (9th Cir.2014). In doing so, we review the adverse credibility reasons explicitly identified by the BIA, and look to the IJ’s decision as a guide to what lay behind the BIA’s conclusions. See id. We grant the petition for review and remand.

The BIA affirmed the IJ’s finding that Kaur was not credible based on an inconsistency and an omission. Substantial evidence does not support the BIA’s adverse credibility determination based on the inconsistency regarding when Congress party members last visited…