Chadha

Chadha v. Ashcroft

Good Law
76 F. App'x 153
United States Court of Appeals for the Ninth CircuitSeptember 18, 2003No. 02-72803; Agency Nos. A73-219-814, A73-219-815California243 words

Opinion

Lead Opinion

MEMORANDUM **

Kulwant Kaur Chadha and her minor daughter, both natives and citizens of India, appeal from the order of the Board of Immigration Appeals affirming the immigration judge’s (“IJ”) denial of their application for asylum and withholding of re *154 moval. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, Bandari v. INS, 227 F.3d 1160, 1165 (9th Cir.2000), and we grant the petition for review.

The “inconsistencies” in Chadha’s testimony are minor discrepancies in relation to her otherwise consistent descriptions of her arrest, mistreatment and resultant injuries. See id. at 1166-67 . Furthermore, Chadha explained that she was mistaken about the length of her hospitalization due to her difficulty in recalling and testifying to the events that lead to the rupture of her ovary and her miscarriage. See id.; Garrovillas v. INS, 156 F.3d 1010, 1014 (9th Cir.1998).

Accordingly, we conclude that the IJ’s adverse credibility finding is not supported by substantial evidence. We therefore vacate the IJ’s decision, and remand for further proceedings to determine whether Chadha has met the criteria for asylum or withholding of removal. See INS…

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