Singh
Singh v. Gonzales
Opinion
Opinion
MEMORANDUM
Petitioner Sukhwinder Singh petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of relief from removal. For the reasons stated below, we grant the petition and remand for further proceedings.
1. As the government correctly concedes, the BIA erred in holding that Peti tioner failed to prove his entry date. See Cinapian v. Holder, 567 F.3d 1067, 1073 (9th Cir.2009) (“Where, as here, the government alleges an alien’s arrival date in its Notice to Appear, and the alien admits the government’s allegation before the [immigration judge (“IJ”) ], the allegations are considered judicial admissions rendering the arrival date undisputed.” (alteration and internal quotation marks omitted)).
2. Substantial evidence does not support the BIA’s adverse credibility determination. See Singh v. Holder, 638 F.3d 1264, 1268-69 (9th Cir.2011) (holding that this court reviews for substantial evidence the BIA’s adverse credibility determination). The IJ cited many inconsistencies and implausibilities in Petitioner’s testimony, but substantial evidence supports nearly none of them. For example, the IJ’s reasoning that the police necessarily would have arrested…