Babu Singh v. Eric Holder, Jr.

MEMORANDUM

Babu Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings, applying the new standards governing adverse credibility determinations created by the REAL ID Act. Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir.2010). We grant the petition for review, and we remand.

Substantial evidence does not support the agency’s finding that it would be implausible that a Sikh would be suspected of aiding Muslim terrorists because it was based on improper speculation and conjecture. See Singh v. INS, 292 F.3d 1017, 1024-25 (9th Cir.2002). Substantial evidence also does not support the agency’s credibility finding based on discrepancies in Singh’s mother’s death certificates because they are minor. See Ren v. Holder, 648 F.3d 1079, 1085-86 (9th Cir.2011) (“minor discrepancies in dates that ... cannot be viewed as attempts by the applicant to enhance his…