Baljinder Kaur v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
BALJINDER KAUR,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-73781
Agency No. A077-833-433
MEMORANDUM*
HARNEK SINGH,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
No. 09-70600
Agency No. A073-425-332
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted December 4, 2013
San Francisco, California
FILED
DEC 26 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.

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Before: TROTT, THOMAS, and MURGUIA, Circuit Judges.
In this consolidated appeal, husband and wife Harnek Singh (Singh) and
Baljinder Kaur (Kaur) each petition for review of a final order of removal of the
Board of Immigration Appeals (BIA). We have jurisdiction under 8 U.S.C.
§ 1252.
With regard to Singh’s petition, the Government has acknowledged that the
BIA failed to consider Singh’s challenge to the immigration judge’s (IJ) finding of
adverse credibility. In light of this concession, we grant Singh’s petition in part
and remand to the BIA for full consideration of Singh’s challenge to the adverse-
credibility finding and of his eligibility for asylum and withholding of removal.
We do not reach the merits of Singh’s claim for relief under the Convention
Against Torture.
With regard to Kaur’s petition, the Government has conceded that the
finding of adverse credibility is not supported by the record. Accordingly, we
grant Kaur’s petition and remand to the BIA for plenary consideration of Kaur’s
claims, including her due process claim, accepting Kaur’s testimony as credible.
Singh’s petition for review is GRANTED IN PART; REMANDED.
Kaur’s petition for review is GRANTED; REMANDED.
2

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