Gill
Gill v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM **
Gurvir Singh Gill, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ summary affirmance of an immigration judge’s (“IJ”) denial of his applications for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We grant the petition for review.
The IJ found Gill not credible due to inconsistencies within his testimony and between his testimony and the documentary evidence submitted to corroborate his claims. These inconsistencies are not supported by substantial evidence and do not go to the heart of Gill’s asylum claim. See Singh v. Ashcroft, 301 F.3d 1109, 1111-12 (9th Cir.2002).
The IJ questioned Gill’s credibility because his testimony included information not contained in his own declaration and declarations submitted to corroborate his claim. Because the declarations did not contradict or undermine Gill’s testimony, the alleged discrepancies were not a proper basis for an adverse credibility determination. See Lopez-Reyes v. INS, 79 F.3d 908, 911 (9th Cir.1996) (“It is well settled that an applicant’s testimony is not per se lacking in credibility simply because it includes details that are…