Singh

Singh v. Immigration Naturalization & Service

Good Law
44 F. App'x 181
United States Court of Appeals for the Ninth CircuitAugust 7, 2002No. 01-70054; INS No. A72-765-674California558 words

Opinion

Lead Opinion

MEMORANDUM **

Harinderjit Singh Nijjar, a Punjabi Sikh, appeals the decision of the Board of Immigration Appeals (“BIA”) denying him eligibility for asylum and withholding of deportation. The BIA denied Nijjar’s application because his account was not credible and, even if events had transpired as he claimed, he would be unable to show that he was persecuted “on account of’ a protected ground. We reverse.

The BIA “ ‘must have a legitimate artic-ulable basis to question the petitioner’s credibility, and must offer a specific, cogent reason for any stated disbelief, and any such reasons must be substantial and *182 bear a legitimate nexus to the finding.’ ” Singh v. INS, 292 F.3d 1017, 1020 (9th Cir.2002). Nijjar’s account was detailed, internally consistent and consistent with the story he told upon entering the country. The BIA’s adverse credibility finding is not supported by substantial evidence. Nijjar’s account was not contradicted by any aspect of the State Department Bureau of Democracy, Human Rights and Labor report. Nor did Nijjar’s passport undermine his credibility — the Immigration Judge (“IJ”) did not ultimately dispute Nijjar’s identity and so any questions about…

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