Brar

MEMORANDUM **

Sher Singh Brar, a native and citizen of India, petitions for review of a final decision issued by the Board of Immigration Appeals (BIA), affirming an Immigration Judge’s (IJ) denial of asylum, withholding of removal, and Convention Against Torture (CAT) protection. The IJ ruled that Brar “abandoned” his claims for relief because he failed to resubmit his fingerprints. The IJ ruled alternatively that Brar was not credible and therefore he did not establish eligibility for relief. We grant the petition for review and remand for further proceedings.

DISCUSSION

1. Fingerprints

“For almost all types of relief from removal, a fingerprint check is required to establish that the applicant has not been convicted of particular classes of crimes and that [the applicant] is not otherwise inadmissible or ineligible.” Cui v. Mukasey, 538 F.3d 1289, 1292 (9th Cir.2008). The IJ dismissed Brar’s application, reasoning that without updated fingerprints, she “cannot ascertain [his] criminal history or lack thereof.” In Cui , however, we held “it is clearly an abuse of discretion for an *649 IJ to deny a request from an otherwise diligent applicant for a short continuance to…