Kaur

Kaur v. Ashcroft

Good Law
103 F. App'x 183
United States Court of Appeals for the Ninth CircuitJune 25, 2004No. 03-71427; Agency No. A75-677-521California400 words

Opinion

Lead Opinion

MEMORANDUM **

Kuldip Kaur, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing her appeal from an immigration judge’s decision denying her requests for asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, see Ernesto Navas v. INS, 217 F.3d 646, 657 (9th Cir.2000), and we grant the petition for review and remand.

The BIA’s conclusion that, despite testifying credibly, Kaur failed to establish a well-founded fear of persecution if she returns to India is not supported by substantial evidence, because Kaur provided direct, credible, and specific testimony and corroborating documentation in support of her claim. See Sangha v. INS, 103 F.3d 1482, 1487 (9th Cir.1997). This evidence shows that Indian police arrested, beat, and threatened Kaur once when they were searching for her husband, an activist in the All India Student Sikh Federation, and again after Kaur attempted to initiate an official inquiry of her husband’s post-arrest disappearance.

Accordingly, Kaur established a presumption of eligibility for…

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