Bajwa v. Gonzales
Bajwa v. Gonzales
Opinion of the Court
MEMORANDUM
Taljinder Singh Bajwa, a native and citizen of India, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an Immigration Judge’s (“IJ”) denial of asylum and withholding of deportation. We have jurisdiction under 8 U.S.C. § 1105a(a), and we grant the petition.
Because the IJ did not make a clear and direct adverse credibility determination, the BIA denied Bajwa due process by making its own independent credibility finding without giving Bajwa notice and a chance to respond.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. When considering due process challenges to immigration proceedings, we exercise de novo review. See Sanchez-Cruz v. INS, 255 F.3d 775 (9th Cir. 2001).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.