Kaur

Kaur v. Ashcroft

Good Law
84 F. App'x 769
United States Court of Appeals for the Ninth CircuitDecember 10, 2003No. 02-73191; Agency No. A76-671-731California429 words

Opinion

Lead Opinion

MEMORANDUM *

Appellant Amanbir Kaur, a native and citizen of India, petitions for review of a final order of the Board of Immigration Appeals (“BIA”) denying her application for asylum and withholding of deportation. We have jurisdiction under Section 106(a) of the Immigration and Naturalization Act, 8 U.S.C. § 1105a(a), as amended by Section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub. L. No. 104-208, 110 Stat. 3009 (Sept. 30, 1996) (“IIRIRA”). See IIRIRA § 309(c)(4); Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). We grant the petition for review.

We may reverse the BIA’s decision if it is not supported by substantial evidence. See INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We conclude that substantial evidence does not support the BIA’s determination that the government rebutted the presumption of a well-founded fear of future persecution.

The immigration judge found that Kaur suffered past persecution, which gives rise to a presumption of a well-founded fear of future persecution. “Evidence presented by the INS to rebut the presumption must be tailored to the applicant: Information about…

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