Chand

Chand v. Gonzales

Good Law
238 F. App'x 310
United States Court of Appeals for the Ninth CircuitJuly 16, 2007No. 05-75083California509 words

Opinion

Lead Opinion

MEMORANDUM **

Rakesh Chand and Sneh Chand, husband and wife, and their two children, Paval Radhika Chand and Komal Karishma Chand, are natives and citizens of Fiji. They petition for review of the Board of Immigration Appeals’ (“BIA”) decision adopting and affirming the Immigration Judge’s (“IJ”) denial of both Rakesh and Sneh’s independent applications for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 .

Where, as here, the BIA cites its decision in Matter of Burbano, 20 I. & N. Dec. 872 (BIA 1994), and does not express disagreement with any part of the IJ’s decision, the BIA adopts the IJ’s decision in its entirety. See Abebe v. Gonzales, 432 F.3d 1037, 1040 (9th Cir.2005) (en banc). We review for substantial evidence, Kataria v. INS, 232 F.3d 1107, 1112 (9th Cir.2000), and we grant the petition in part, deny it in part, and remand.

With respect to Sneh’s claim, substantial evidence does not support the IJ’s finding that Sneh was not credible based on her failure to expressly mention in her asylum application that the police raped her. See Paramasamy v. Ashcroft, 295 F.3d 1047, 1053 (9th Cir.2002); see also Kebede v. Ashcroft, 366 F.3d…

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