Surjit Mahil v. Eric H. Holder Jr.

MEMORANDUM

Surjit Singh Mahil, a native and citizen of India, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings, including the agency’s adverse credibility findings. Tekle v. Mukasey, 588 F.3d 1044, 1051 (9th Cir.2008). We grant the petition for review, and we remand.

The IJ found Mahil not credible because his testimony regarding ongoing police interest lacked detail. On the same issue, the IJ found Mahil’s asylum application omitted this police interest, and he further faulted Mahil for not filing a supplemental statement. Substantial evidence does not support the IJ’s adverse credibility finding because Mahil did not learn of the police interest until after he filed his application, he did not know much about it given his lack of personal knowledge, and it did not form the basis of his past persecution claim. See Chen v. Ashcroft, 362 F.3d 611, 620 (9th Cir.2004). In addition,…