Virk

Virk v. Gonzales

Good Law
238 F. App'x 316
United States Court of Appeals for the Ninth CircuitJuly 20, 2007No. 06-70272California381 words

Opinion

Lead Opinion

MEMORANDUM **

Kaur Rabinder Virk, a native and citizen of India, petitions for review of a Board of Immigration Appeals (“BIA”) decision that affirmed the ruling of an Immigration Judge (“IJ”) denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 .

Where, as here, the BIA adopts the IJ’s decision and also adds its own reasons, we review both decisions. See Zhou v. Gonzales, 437 F.3d 860, 864 (9th Cir.2006). We review for substantial evidence, Baballah v. Ashcroft, 367 F.3d 1067, 1073 (9th Cir.2004), and we grant the petition and remand.

The IJ and BIA found Virk incredible because of perceived inconsistencies between her testimony and a report of country conditions in India. Because the agency improperly used the country report to discredit specific testimony regarding Virk’s personal experience, these findings are not supported by substantial evidence. *318 See Singh v. Gonzales, 439 F.3d 1100, 1110 (9th Cir.2006). In addition, the IJ and BIA found Virk incredible because of a discrepancy between her testimony and her written asylum application and because she submitted an…

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