Singh

Singh v. Holder

Good Law
404 F. App'x 220
United States Court of Appeals for the Ninth CircuitNovember 22, 201007-74228California299 words

Opinion

Opinion

MEMORANDUM

Harpushinder Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ order affirming an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Singh v. Gonzales, 439 F.3d 1100, 1105 (9th Cir.2006), and we grant the petition for review, and remand.

Substantial evidence does not support the agency’s adverse credibility determination, because Singh did not omit from his asylum application that police continued to look for him, see Zuh v. Mulcasey, 547 F.3d 504, 508 (4th Cir.2008) (finding no inconsistency in testimony based on a straightforward reading of the record), and his failure to mention in his asylum application that police seized his workshop after he left the country is a minor omission that does not go to the heart of his claim, see Li v. Holder, 559 F.3d 1096, 1102 (9th Cir.2009) (omissions must go to the heart of petitioner’s claim to support an adverse credibility finding); see also Bandari v. INS, 227 F.3d 1160, 1167 (9th Cir.2000) (“[T]he mere…

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