Jassi

Jassi v. Gonzales

Good Law
236 F. App'x 327
United States Court of Appeals for the Ninth CircuitJune 7, 2007Nos. 03-71516, 03-74675, 05-74302California1,744 words

Opinion

Lead Opinion

MEMORANDUM *

Satinderpal Singh Jassi and Parmjit Kaur request review of three decisions by the Board of Immigration Appeals (“BIA”): one denying their applications for asylum and withholding of removal based on an adverse credibility determination (No. 03-71516); one denying their motion to reopen to adjust status (No. 03-74675); and one denying their second motion to reopen (No. 05-74302). Because substantial evidence did not support the adverse credibility determination and because the BIA abused its discretion in denying the first motion to reopen, we grant Nos. 03-71516 and 03-74675, vacate the orders of removal, and remand to the BIA for further proceedings. We dismiss No. 05-74302, Petitioners’ request for review of the denial of their second motion to reopen, as moot.

I.

Jassi and Kaur are natives and citizens of India. In 1995, the Immigration and Naturalization Service (“INS”) served an Order to Show Cause (“OSC”) charging Kaur with deportability for overstaying her visa. In 1997, the INS served an OSC charging Jassi with deportability for entering the United States without inspection. Jassi and Kaur each conceded deportability as charged and requested asylum and…

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