Khera

Khera v. Gonzales

Good Law
143 F. App'x 867
United States Court of Appeals for the Ninth CircuitSeptember 19, 2005No. 04-72606California464 words

Opinion

Lead Opinion

MEMORANDUM **

Ritu Bala Kaur Khera, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance of an Immigration Judge’s (“IJ”) order denying her application for asylum, withholding of removal and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review the BIA’s decision for substantial evidence. Ramos-Vasquez v. INS, 57 F.3d 857, 861 (9th Cir.1995). We grant the petition for review and remand for further proceedings.

Substantial evidence does not support the BIA’s conclusion that Khera’s two medical certificates were inconsistent with her claim that she sought medical attention after she was released from detention because the dates of treatment they contained did not conflict with her date of release. See Singh v. Gonzales, 403 F.3d 1081, 1091 (9th Cir.2005). Moreover, the BIA’s finding is not supported by substantial evidence as it does not address Khera’s explanation as to why there were two certificates and why they contained two different dates. See Ordonez v. INS, 345 F.3d 777, 786 (9th Cir.2003) (noting that the BIA must identify and respond to a petitioner’s…

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