Singh

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JASWINDER SINGH, No. 23-95 Agency No. Petitioner,

A216-276-233

v.

OPINION

MERRICK B. GARLAND, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted December 5, 2023 Seattle, Washington

Filed October 4, 2024

Before: N. Randy Smith, Gabriel P. Sanchez, and Salvador Mendoza, Jr., Circuit Judges.

Opinion by Judge Sanchez; Dissent by N. Randy Smith SUMMARY *

Immigration

The panel granted Jaswinder Singh’s petition for review of a decision of the Board of Immigration Appeals affirming the denial of his application for asylum, holding that the Board erred in its adverse credibility determination and its internal relocation analysis. The panel held that in concluding that Singh was not credible the agency misapplied Matter of R-K-K-, 26 I. & N. Dec. 658 (BIA 2015), which permits consideration of strikingly similar affidavits submitted by asylum applicants in unrelated proceedings as a basis for an adverse credibility determination. First, the agency erred by relying solely on non-unique…