Darshan Singh v. Eric H. Holder Jr.

MEMORANDUM

Darshan Singh, a native and citizen of India, petitions for review of the denial of his asylum application on the basis that he lacked credibility. The Immigration Judge (“IJ”), after agreeing to continue redirect examination to a future date, issued her decision prior to that date. Because the IJ’s premature decision denied Mr. Singh due process of law, we vacate the decision by the Board of Immigration Appeal (“BIA”) and remand this case to the BIA to allow Mr. Singh redirect examination.

1. Although a petitioner must exhaust his administrative remedies, see 8 U.S.C. § 1252 (d)(1), we have held that “we do not employ the exhaustion in a formalistic manner,” and require that the petitioner has put the BIA on notice as to the specific issues so that it has an opportunity to pass on those issues. Figueroa v. Mukasey, 543 F.3d 487, 492 (9th Cir.2008). Despite respondent’s argument to the contrary, we find that Mr. Singh adequately presented his due process argument to the BIA.

2. “Claims of due process violations in deportation proceedings are reviewed de novo.” Ibarra-Flores v. Gonzales, 439 F.3d 614, 620 (9th Cir.2006) (citing Colmenar v. INS, 210 F.3d 967, 971 (9th…