Kaur

Kaur v. Ashcroft

Good Law
79 F. App'x 964
United States Court of Appeals for the Ninth CircuitOctober 30, 2003No. 02-71986; Agency No. A76-854-433California1,464 words

Opinion

Lead Opinion

MEMORANDUM **

Harjeet Kaur, a native and citizen of India, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) dismissing Kaur’s appeal from a decision of an Immigration Judge (“IJ”) denying her applications for asylum and withholding of removal. Kaur contends that the IJ erred in finding her not credible and in finding her ineligible for asylum. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we grant the petition.

Where the BIA conducts a de novo review of the record and makes an independent determination of whether relief is appropriate, we review the decision of the BIA, not of the IJ. Molina-Morales v. INS, 237 F.3d 1048, 1050 (9th Cir.2001). Where, however, the BIA incorporates the decision of the IJ, adopting the IJ’s findings and reasoning, we review the IJ’s decision. Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002). Finally, where the BIA “adopts the IJ’s decision while adding its own reasons, we review both decisions.” Kataria v. INS, 232 F.3d 1107, 1112 (9th Cir.2000); see also Rodriguez-Roman v. INS, 98 F.3d 416 , 425 n. 11 (9th Cir.1996) (reviewing both the IJ’s and the BIA’s decisions, even though the BIA clearly adopted the…

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