Sukhbir Singh v. Holder

MEMORANDUM

Sukhbir Singh petitions for review of the Board of Immigration Appeals’ (“BIA”) final order of removal. The Immigration Judge (“IJ”) denied Singh’s applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”) based on an adverse credibility finding. The BIA adopted and affirmed the IJ’s decision pursuant to Matter of Burbano, 20 I & N Dec. 872, 874 (BIA 1994). When the BIA summarily affirms the IJ’s decision, we review the IJ’s decision as the final decision of the BIA. Tamang v. Holder, 598 F.3d 1083, 1088 (9th Cir.2010). We review an adverse credibility finding for substantial evidence. Gui v. INS, 280 F.3d 1217, 1225 (9th Cir. 2002). Because Singh applied for asylum in 2004, we apply pre-REAL ID Act standards. See Joseph v. Holder, 600 F.3d 1235 , 1240 n. 3 (9th Cir.2010) (noting that, when reviewing an adverse credibility finding, “[w]e apply pre-REAL ID Act standards [when the alien] filed his application for relief ... before May 11, 2005, the effective date of the REAL ID Act”).

We have jurisdiction pursuant to 8 U.S.C. § 1252 (a)(1). We grant Singh’s petition for review and remand his case to the BIA for further…