Brar

MEMORANDUM **

Mandeep Brar, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from the immigration judge’s (“IJ”) decision denying her application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We grant the petition for review and remand.

Because the IJ credited Brar’s claim of rape in granting relief under CAT, the omission of this detail in her father’s affidavit, which she provided an explanation for, does not constitute substantial evidence. Cf. Paramasamy v. Ashcroft, 295 F.3d 1047, 1052-53 (9th Cir.2002) (rape victim’s failure initially to report assault did not undermine credibility).

An intervening change in law requires us to remand because the agency also based its adverse credibility finding on the asylum officer’s Assessment to Refer memorandum (“Assessment”). In Jarnail Singh v. Gonzales, 403 F.3d 1081, 1085-90 (9th Cir.2005), we held that an Assessment cannot, in certain circumstances, support an adverse credibility finding. Here, as in Jamail Singh, there is no transcript of the interview, no evidence that petitioner’s statements during the interview were made…