Virk v. Gonzales
Virk v. Gonzales
Opinion of the Court
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.
Accordingly, we remand for further proceedings consistent with this disposition. See INS v. Orlando Ventura, 537 U.S. 12, 16-18, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002) (per curiam).
PETITION FOR REVIEW GRANTED and REMANDED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.