Gursharanjit Singh v. Eric Holder, Jr.

MEMORANDUM

Gursharanjit Singh (“Singh”), a native and citizen of India, petitions for review of the Board of Immigration Appeal’s decision affirming an immigration judge’s denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture based on the judge’s adverse credibility finding. Singh also petitions for review of the BIA’s affirmation of the IJ’s denial of Singh’s request for the admission of a psychological evaluation as evidence. We remand.

This court’s jurisdiction arises under 8 U.S.C. § 1252 . This court reviews the relevant legal conclusions de novo. Hamazaspyan v. Holder, 590 F.3d 744, 747 (9th Cir.2009). The IJ’s factual findings are reviewed under the substantial evidence standard. Lopez-Rodriguez v. Mukasey, 536 F.3d 1012, 1015 (9th Cir.2008). This court considers both the Board’s and the IJ’s decision in conducting its review. Plasencia-Ayala v. Mukasey, 516 F.3d 738, 743 (9th Cir.2008). This court reviews the denial of a continuance for abuse of discretion. Rendon v. Holder, 588 F.3d 669, 674 (9th Cir.2009).

At the initial hearing before the IJ, the IJ issued an oral decision denying Singh’s applications for…