Kaur

MEMORANDUM **

Yashpal Kaur is a native and citizen of India. In petition No. 03-71929, Kaur seeks review of a Board of Immigration Appeals’ (“BIA”) decision that denied her appeal of the Immigration Judge’s (“IJ”) order denying her application for asylum and withholding of removal. In petition No. 04-71859, Kaur seeks review of a second BIA decision which denied her motion to reopen as untimely. We have jurisdiction under 8 U.S.C. § 1252 . We grant and remand petition No. 03-71927, and we deny petition No. 04-71859.

Where, as here, the BIA conducted a de novo review of the record and made an independent determination of whether relief is appropriate, this court reviews the decision of the BIA. See Molina-Morales v. INS, 237 F.3d 1048, 1050 (9th Cir.2001). We review the BIA’s denial of asylum and withholding of removal for substantial evidence. Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003). We review for abuse of discretion the denial of a motion to reopen. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003).

In petition No. 03-71929, the BIA assumed that Kaur had testified credibly. It then referred to her “no longer” holding a well-founded fear of persecution, implying…