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KAUR v. ASHCROFT

No. 02-72302.

379 F.3d 876 (2004)

Ranjeet KAUR, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed August 19, 2004.

Attorney(s) appearing for the Case

Earle A. Sylva, Rai Law & Associates, San Francisco, CA, Rohit Dharwadkar, Law Offices of Hardeeep Singh Rai, San Francisco, CA, for the petitioner.

Ronald E. LeFevre, Office of the District Counsel, San Francisco, CA, Richard M. Evans and Joan E. Smiley, Office of Immigration Litigation, Washington, DC, for the respondent.

Before: CANBY, W. FLETCHER, and TALLMAN, Circuit Judges.

WILLIAM A. FLETCHER, Circuit Judge:

Ranjeet Kaur petitions for review of a decision of the Board of Immigration Appeals ("BIA") upholding the Immigration Judge's ("IJ") denial of her application for asylum and withholding of removal, and denial of her motion to remand to the IJ to apply for relief under the Convention Against Torture ("CAT"). Because we find that the BIA's asylum decision was not based on substantial evidence, we grant the petition and remand to the...

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