Varshabahen Khatri v. Eric H. Holder Jr.

MEMORANDUM

Varshabahen P. Khatri and her family, natives and citizens of India, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We grant the petition for review, and we remand.

The BIA, while acknowledging that the IJ did not make an adverse credibility finding, nonetheless faulted Khatri for not corroborating her testimony. Substantial evidence does not support this finding. See Katana v. INS, 232 F.3d 1107, 1114 (9th Cir.2000) (where the BIA did not make an explicit adverse credibility finding, the petitioner’s factual contentions are true, and no further corroboration is required).

In addition, the BIA found that, even if Khatri demonstrated past persecution, the government demonstrated that Khatri and her family could reasonably relocate within India to avoid future harm because she is Hindu and the riots are…