Singh

Singh v. Ashcroft

Good Law
71 F. App'x 662
United States Court of Appeals for the Ninth CircuitJuly 25, 2003No. 02-73444; Agency No. A76-868-756California273 words

Opinion

Lead Opinion

MEMORANDUM **

Jaskaran Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from an immigration judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 . We review the BIA’s independent credibility determination, including those aspects of the IJ’s decision the BIA expressly adopted, under a substantial evidence standard. See Singh v. INS, 292 F.3d 1017, 1020 (9th Cir.2002). We grant the petition and remand for further proceedings.

Substantial evidence does not support the adverse credibility findings, stemming from letters about Singh’s father’s mental condition and the political affiliations of some of his acquaintances, because such letters do not go to the heart of Singh’s asylum claim. See Singh v. Ashcroft, 301 F.3d 1109, 1111-1112 (9th Cir.2002). Additionally, the IJ relied on conjecture and speculation to determine there was no nexus between Singh’s activities, affiliations, and conversations, and his arrest; we cannot uphold an adverse credibility determination based on these grounds.…

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