Mohinder Singh v. Immigration & Naturalization Service

Mahinder Singh, also known as Mohin-der Singh, a native and citizen of Punjab, India, petitions for review of a decision by the Board of Immigration Appeals. The Board denied Singh’s application for asylum and withholding of deportation on the basis of the Immigration Judge’s adverse credibility determination. In particular, the Board found that Singh’s testimony was not credible because it was inconsistent with information he gave during his airport interview. The airport interview, however, was conducted through an unofficial translator who did not even speak Singh’s own language. We conclude that this credibility finding and the Board’s other misgivings about Singh’s testimony are not supported by substantial evidence. Accordingly we grant the petition and remand for further proceedings.

Background

Singh, who claims to have been a Sikh since birth, owned and operated a tractor repair shop in Noormahal, Punjab, for twenty years before he fled India in 1993. Singh supported his parents, wife, son, and younger brother, Surjit, with the income derived from his shop and a farm that he owned. While hiding from authorities in New Delhi, Singh arranged the sale of his…