Grewal

Grewal v. Gonzales

Good Law
233 F. App'x 673
United States Court of Appeals for the Ninth CircuitMay 23, 2007No. 05-72087California370 words

Opinion

Lead Opinion

MEMORANDUM **

Amarjit Kaur Grewal, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision that affirmed the Immigration Judge’s (“IJ”) denial of her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 .

Where the BIA has reviewed the IJ’s decision and its analysis of the issues is eonclusory we look “to the IJ’s oral decision as a guide to what lay behind the BIA’s conclusion.” Avetova-Elisseva v. INS, 213 F.3d 1192, 1197 (9th Cir.2000). We review for substantial evidence, Mashiri v. Ashcroft, 383 F.3d 1112, 1118 (9th Cir.2004), and we grant the petition in part, deny in part, and remand.

Because the BIA did not make an explicit adverse credibility determination in this case, we accept Grewal’s testimony as true. See Navas v. INS, 217 F.3d 646 , 652 n. 3 (9th Cir.2000).

The IJ found that Grewal failed to establish past persecution, in part, because the death of her father-in-law at the hands of Sikh militants did not constitute persecution of Grewal herself. Substantial evidence does not support this finding because we have…

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