Jatinder Kaur v. Eric H. Holder Jr.

MEMORANDUM

Jatinder 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. Marcos v. Gonzales, 410 F.3d 1112, 1116 (9th Cir.2005). Because the BIA relied upon all of the IJ’s findings, we review the IJ’s findings. Molina-Estrada v. INS, 298 F.3d 1089, 1093 (9th Cir.2002). We grant the petition for review and remand.

The IJ erred in relying on discrepancies regarding the dates when Kaur’s husband and son were arrested because the discrepancies are minor and do not go to the heart of her claim. See Mendoza Manim-bao v. Ashcroft, 329 F.3d 655, 662 (9th Cir.2003).

The IJ also erred in supporting its adverse credibility determination on the basis of discrepancies between Kaur’s testimony at her merits hearing and the asylum officer’s Assessment to Refer (“Assessment”) because the asylum officer did not testify at the merits hearing and there was no indication that…