Paramjit Kaur v. Eric H. Holder Jr.

FILED
NOT FOR PUBLICATION MAR 09 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
PARAMJIT KAUR, No. 08-74303
Petitioner, Agency No. A098-537-198
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 28, 2012 **
Before: LEAVY, THOMAS, and CHRISTEN, Circuit Judges.
Paramjit Kaur, a native and citizen of India, petitions for review of the Board
of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration
judge’s decision denying her application for asylum, withholding of removal, and
relief under the Convention Against Torture (“CAT”). We have jurisdiction under
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
8 U.S.C. § 1252. We review for substantial evidence, Tekle v. Mukasey, 533 F.3d
1044, 1051 (9th Cir. 2008), and we grant the petition for review and remand.
Substantial evidence does not support the agency’s adverse credibility
determination because the inconsistency between Kaur’s testimony and her
Canadian student visa application regarding the existence of any prior arrests was
not a cogent reason for finding her not credible. See Kaur v. Ashcroft, 379 F.3d
876, 889 (9th Cir. 2004) (misrepresentations made to immigration officials in order
to enter this or another country, without more, are not a proper basis for an adverse
credibility determination). Accordingly, we grant the petition for review and
remand Kaur’s asylum, withholding of removal, and CAT claims to the BIA on an
open record for further proceedings consistent with this disposition. See
Soto-Olarte v. Holder, 555 F.3d 1089, 1093-96 (9th Cir. 2009).
PETITION FOR REVIEW GRANTED; REMANDED.
2 08-74303