Singh

MEMORANDUM ***

Dalbir Singh, a native and citizen of India, petitions for review of a Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal of an immigration judge’s denial of his application for asylum and withholding of deportation. We have jurisdiction under 8 U.S.C. § 1105a. Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir. 1997). We review the BIA’s adverse credibility determination for substantial evidence, Singh v. Ashcroft, 301 F.3d 1109 , 1111 n. 2 (9th Cir.2002), and we grant the petition for review.

The BIA doubted that Singh belonged to the All India Sikh Student Federation (“AISSF”) because he lacked knowledge about the AISSF’s goals, about other Sikh political parties, and about the 1997 election in the Punjab.

It is impossible to tell what Singh actually knew about the AISSF’s goals because his attorney asked him only two questions on the subject and Singh was never given notice that his answers were insufficient. Moreover, the record does not contain any evidence indicating what an AISSF member would know about other Sikh political parties. Without such evidence, the BIA’s conclusion is based solely on speculation. See Bandari v. INS, 227 F.3d 1160,…