Kaur

MEMORANDUM

Gurbax “Manjit” Kaur, a native and citizen of India, petitions for review of the decision by the Board of Immigration Appeals (“BIA”) adopting and affirming the Immigration Judge’s (“IJ”) denial of her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”) on adverse credibility grounds. Kaur seeks relief based on her fear of future persecution and torture due to her religion, imputed political opinion based on her brother’s association with the Sikh political party, Shiromani Akali Dal Mann (“SADM”), and membership in a particular social group. We grant Kaur’s petition because the IJ’s credibility findings that went to the heart of Kaur’s claim were not supported by substantial evidence. See Don v. Gonzales, 476 F.3d 738, 741 (9th Cir.2007) (citation omitted).

The IJ’s central finding—that Kaur testified inconsistently as to the number of times she was raped while in police custody—is incorrect. Kaur repeatedly testified that she was raped once, on one night, and that two police offers participated in the assault. Because her testimony on this score was entirely consistent and responsive, this finding is not…