Satnam Kaur v. Eric H. Holder Jr.

MEMORANDUM

Satnam Kaur and her derivative beneficiary daughters, Kirandeep and Gagan-deep, petition for review of an order of the Board of Immigration Appeals denying Kaur’s petition for asylum and withholding of removal and her motion to reopen to apply for protection under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 . We grant the petition in part, deny it in part, and remand to the agency on an open record so that the immigration judge may consider additional evidence of Kaur’s identity and reevaluate her claims for asylum and withholding in light of this disposition.

A decision denying a motion to reopen to apply for protection under the Convention Against Torture is reviewed for an abuse of discretion. Delgado-Ortiz v. Holder, 600 F.3d 1148, 1150 (9th Cir.2010) (per curiam). Motions to reopen are disfavored, especially in the immigration context. Id. To succeed, an applicant must “establish[ ] a prima facie case of eligibility for the underlying relief sought.” Id. at 1151 (citing Ordonez v. I.N.S., 345 F.3d 777, 785 (9th Cir.2003)). It was not an abuse of discretion for the BIA to deny Kaur’s motion to reopen after determining that she had…