Manjit Kaur v. John Ashcroft, Attorney General

Petitioner Manjit Kaur petitions for review of the Board of Immigration Appeals’ (BIA) denial of her application for asylum and withholding of deportation. Kaur argues that the BIA’s decision is not supported by substantial evidence and that the immigration judge (IJ) denied her a full and fair hearing because he did not allow a percipient witness, Petitioner’s son, to testify in support of her asylum claim. We agree that the IJ denied Kaur a full and fair hearing. Accordingly, we grant the petition for review and remand to the BIA with instructions to order a new hearing.

FACTUAL AND PROCEDURAL BACKGROUND

Petitioner Manjit Kaur is a Sikh and is a native and citizen of India. She entered the United States on April 6, 1994, and applied for asylum and withholding of deportation several months later. In her application, Petitioner presented a detailed account of her alleged persecution. The application stated that Petitioner participated regularly in political activities, was a senior member of the Sikh Student Federation, and was beaten by police in front of her children.

In 1998, Petitioner had an interview with an immigration official regarding her asylum application. During…