Tejinder Singh v. Eric Holder, Jr.

MEMORANDUM

Petitioner Tejinder Singh (“Singh”), a native and citizen of India, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) affirming an immigration judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Because the parties are familiar with the facts and procedural history of the case, we repeat only those facts necessary to resolve the issues raised on appeal. We grant the petition for review and remand this case to the BIA for further proceedings.

The BIA “conducted its own review of the evidence and law rather than simply adopting the [IJ’s] decision. Accordingly, our review is limited to the BIA’s decision, except to the extent the IJ’s opinion is expressly adopted.” Hosseini v. Gonzales, 471 F.3d 953, 957 (9th Cir.2006) (internal quotation marks omitted). Credibility determinations must be based on “specific and cogent reasons” which are reasonable and which “take into consideration the individual circumstances” of the applicant’s case. Shrestha v. Holder, 590 F.3d 1034, 1041-42 (9th Cir.2010) (internal quotation marks omitted).

Substantial evidence does not…