Mandeep Kaur v. Eric Holder, Jr.

MEMORANDUM

Mandeep Kaur, a native and citizen of India, petitions for review of the an order from the Board of Immigration Appeals (BIA) reversing the Immigration Judge’s (IJ) denial of the government’s motion to reopen, and the BIA’s subsequent order, entered after remand, affirming the IJ’s denial of: (1) asylum; (2) withholding of removal; and (3) protection under the Convention Against Torture (CAT). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We grant the petition, in part, and remand.

We review the BIA’s decision granting or denying a motion to reopen for abuse of discretion. Israel v. INS, 710 F.2d 601, 605 (9th Cir.1983). We review questions of law de novo. Hamazaspyan v. Holder, 590 F.3d 744, 747 (9th Cir.2009).

The IJ found Kaur eligible for asylum in January 2003. In March 2008, the government filed a motion to reopen and attached an overseas investigation report dated May 27, 2002. The report concluded that a letter by Dr. Gurpreet Singh Pannu submitted in support of Kaur’s application for asylum was fraudulent. The IJ denied the motion to reopen because the report was dated several months before the January 2008 asylum hearing and the government failed to…