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KAUR v. HOLDER

No. 06-71048.

561 F.3d 957 (2009)

Rajwinder KAUR; Harpal Singh Cheema, Petitioners, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed April 1, 2009.

Attorney(s) appearing for the Case

Robert B. Jobe (argued), Arwen A. Swink and Lina Baroudi, Law Office of Robert B. Jobe, San Francisco, CA, for the petitioners.

Christopher C. Fuller, Department of Justice, Washington, D.C., for the respondent.

Before: JOHN T. NOONAN, M. MARGARET McKEOWN and JOHNNIE B. RAWLINSON, Circuit Judges.

McKEOWN, Circuit Judge:

Harpal Singh Cheema and his wife Rajwinder Kaur appeal from the Board of Immigration Appeals' ("BIA") decision denying Cheema asylum and withholding of deportation1 and denying Kaur asylum. We dismiss Cheema's appeal as moot. We reverse the BIA's denial of asylum for Kaur and remand for further proceedings.

Kaur found herself in a fundamentally unfair posture on her second trip to the BIA. The Board relied...

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