Kaur

Kaur v. Gonzales

Good Law
144 F. App'x 679
United States Court of Appeals for the Ninth CircuitSeptember 23, 2005No. 04-73142California393 words

Opinion

Lead Opinion

MEMORANDUM **

Baljinder Kaur, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming the immigration judge’s (“IJ”) denial of her application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, Singh-Kaur v. INS, 183 F.3d 1147, 1149-50 (9th Cir.1999), and we grant the petition for review and remand.

Kaur contends an alleged inconsistency relied upon by the BIA concerning her reasons for attending a June 1999 Gurdwara celebration was unrelated to the circumstances surrounding the detention and abuse she suffered on account of her imputed political beliefs. We agree. Because the alleged inconsistency was minor and did “not relate to the basis of [Kaur’s] alleged fear of persecution, go to the heart of the asylum claim, or reveal anything about [Kaur’s] fear for [her] safety,” it cannot support an adverse credibility finding. See Mendoza Manimbao v. Ashcroft, 329 F.3d 655, 660 (9th Cir.2003). Like *681 wise, Kaur’s failure to report a sexual assault committed by police officers to her treating…

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