Singh

Singh v. Ashcroft

Good Law
75 F. App'x 645
United States Court of Appeals for the Ninth CircuitSeptember 16, 2003No. 02-72188; Agency No. A75-256-069California350 words

Opinion

Lead Opinion

MEMORANDUM ***

Amrick Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ streamlined dismissal of his appeal from an immigration judge’s (“LJ”) denial of his application for asylum and withholding of deportation. Because the transitional rules apply, see Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), we have jurisdiction pursuant to 8 U.S.C. § 1105a(a). We review an IJ’s adverse credibility determination for substantial evidence. Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002). We grant the petition and remand.

Minor discrepancies cited in Singh’s testimony regarding the date of his arrest, and if or why Singh was not wearing a turban at his initial appearance, do not relate to his alleged fear of persecution, and cannot form the basis for an adverse credibility determination. See Mendoza Manimbao v. Ashcroft, 329 F.3d 655, 660 (9th Cir.2003).

Nor was a note provided by Singh’s doctor in India describing “grievous injuries on several parts of his body,” inconsistent with Singh’s testimony simply because it failed to mention a chest injury. Singh v. Ashcroft, 301 F.3d 1109, 1112 (9th Cir.2002) (“A mere omission of one detail…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.