Baljit Singh v. John Ashcroft, Attorney General

301 F.3d 1109 Baljit SINGH, Petitioner, v. John ASHCROFT, Attorney General, Respondent. No. 01-70505. United States Court of Appeals, Ninth Circuit. Submitted June 10, 2002. * Filed August 27, 2002. Ashwani K. Bhakhri, Burlingame, CA, for the petitioner-appellant. John D. Williams, DOJ, Washington, DC, for the respondent-appellee. On Petition for Review of an Order of the Board of Immigration Appeals. INS No. Amf-onp-esk. Before LAY, ** FERGUSON and TALLMAN, Circuit Judges. Opinion by Judge FERGUSON; Dissent by Judge TALLMAN. OPINION FERGUSON, Circuit Judge. 1 Baljit Singh ("Singh"), a native and citizen of India, petitions for review of the Board of Immigration Appeals' ("BIA") order denying his application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 (b). We conclude that the BIA erred in affirming the Immigration Judge's ("IJ") adverse credibility determination because any inconsistencies in Singh's testimony were either minor or not contradictory. I. BACKGROUND A. Facts 1 2 Singh is a 32-year-old native of the Punjab region in India. He is a citizen of India and a follower of the Sikh religion. He has a wife and two children, all…

Opinion by Judge FERGUSON; Dissent by Judge TALLMAN.

*1110 OPINION

Baljit Singh (“Singh”), a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 (b). We conclude that the BIA erred in affirming the Immigration Judge’s (“IJ”) adverse credibility determination because any inconsistencies in Singh’s testimony were either minor or not contradictory.

I. BACKGROUND

A. Facts

Singh is a 32-year-old native of the Punjab region in India. He is a citizen of India and a follower of the Sikh religion. He has a wife and two children, all of whom remain in India. While in India, Singh worked as a farmer. He has received a formal education through the tenth grade.

In April 1992, Singh joined the Akali Dal Mann party (the “Party”), a political organization campaigning for an independent Khalistan. Singh’s activities with the Party included putting up posters, collecting donations, and transporting people to and from Party rallies.

On June 6, 1995, Singh was arrested at his home by eight to ten Punjab police officers after…

dissenting:

Because I believe that there was substantial evidence to support the BIA’s adverse credibility determination, the BIA sufficiently articulated its bases for that determination, and the evidence does not compel a contrary result, I respectfully dissent from the grant of the petition for review in this case.

An adverse credibility finding by the BIA is reviewed under the substantial evidence standard. See Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001). Under this highly deferential standard, we are “compelled to uphold the factual findings of the BIA if those findings are supported by reasonable, substantial, and probative evidence.” Valderrama v. INS, 260 F.3d 1083, 1085 (9th Cir.2001) (internal quotations omitted). We must uphold the BIA’s findings unless the evidence presented would “compel[ ] a reasonable factfinder to reach a contrary result.” de Leon-Barrios v. INS, 116 F.3d 391 , 393 (9th Cir.1997) (emphasis added). Thus, where the BIA provides a “specific, cogent reason” for questioning a petitioner’s credibility, Garrovillas v. INS, 156 F.3d 1010, 1013 (9th Cir.1998), the petitioner must show that the evidence compelled a contrary conclusion in order to…