Kaur

Kaur v. Gonzales

Good Law
179 F. App'x 424
United States Court of Appeals for the Ninth CircuitMay 30, 2006No. 03-73155California380 words

Opinion

lead Opinion

*425 MEMORANDUM ***

Rajwinder Kaur petitions for review of the Board of Immigration Appeals’s (BIA) dismissal of her appeal from the Immigration Judge’s (IJ) denial of her applications for asylum and withholding of removal. We review for substantial evidence. Gonzalez-Hemandez v. Ashcroft, 336 F.3d 995 , 998 (9th Cir.2003); Lanza v. Ashcroft, 389 F.3d 917, 933 (9th Cir.2004). We grant the petition and remand to the BIA to conduct an individualized assessment of the changed country conditions in light of Kaur’s specific circumstances.

Because the BIA assumed that Kaur had proven past persecution, 1 she was entitled to a presumption of future persecution rebuttable only if the government showed by a preponderance of the evidence that there has been a “fundamental change in circumstances such that the applicant no longer has a well-founded fear.” Tawadrus v. Ashcroft, 364 F.3d 1099, 1103 (9th Cir.2004) (citation and internal quotation marks omitted). In determining whether the government had done so, “the BIA must provide an individualized analysis of how changed conditions will affect the specific petitioner’s situation.” Lopez v. Ashcroft, 366 F.3d 799, 805 (9th Cir.2004)…

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