Narang
Narang v. Gonzales
Opinion
Lead Opinion
*27 MEMORANDUM **
Chander Kaur Narang and her son Shantanu Narang, natives and citizens of India, appeal from the Board of Immigration Appeals’ (“BIA’s”) order affirming ■without opinion the Immigration Judge’s (“IJ’s”) denial of their application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We grant the petition and remand to the BIA for further proceedings.
I. Waiver
As a preliminary matter, we hold that Narang’s substantive claims are properly before us. In her opening brief, Narang raised only a procedural challenge to the BIA’s streamlining procedures, and raised her asylum and related claims for the first time in her petition for rehearing. “Ordinarily, arguments not timely presented are deemed waived!, and t]his general doctrine of waiver applies to arguments raised for the first time in a petition for rehearing.” Boardman v. Estelle, 957 F.2d 1523, 1535 (9th Cir.1992) (citation omitted). However, there are “several notable exceptions,” Alcaraz v. INS, 384 F.3d 1150, 1161 (9th Cir.2004), to the waiver rule, at least one of which applies here: “[W]e may review an issue ... if the failure to raise the issue properly did not…