Kaur

MEMORANDUM ***

We have jurisdiction pursuant to 8 U.S.C. § 1105a, and we grant the petition. We review due process claims de novo. 1 We review credibility findings for substantial evidence. 2 Minor inconsistencies, however, “are not an adequate basis for an adverse credibility finding.”

The BIA denied Kaur due process by affording little evidentiary weight to copies of documents Kaur submitted. Kaur testified that she sent the originals to the INS just before an INS deadline. She produced a return receipt. The INS could not locate the originals and there was nothing else filed in Kaur’s file around the date of the return receipt. Kaur’s file, however, contained materials for another asylum applicant that had been mis-filed.

The evidence compels a finding that the INS lost the originals Kaur sent. Penalizing Kaur for the INS’ loss by attributing little weight to the only supporting evidence she could produce at that point— copies — violated Kaur’s right to due process and prejudiced her ease.

*618 Substantial evidence does not support the BIA’s decision that Kaur’s testimony was not credible. Most of the apparent inconsistencies in Kaur’s testimony were the result of…