Singh

Singh v. Ashcroft

Good Law
80 F. App'x 601
United States Court of Appeals for the Ninth CircuitNovember 6, 2003No. 02-71280; Agency No. A75-301-894California1,500 words

Opinion

Lead Opinion

MEMORANDUM *

Kabul Singh, a native and citizen of India, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) dismissing Singh’s appeal from a decision of an Immigration Judge (“IJ”) denying his applications for asylum and withholding of removal. Singh contends that the BIA and the IJ erred in finding that he had not met his burden of proof on either *602 claim because he was not credible. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we grant the petition.

Adverse credibility determinations are reviewed under a substantial evidence standard. See Al-Harbi v. INS, 242 F.3d 882, 888 (9th Cir.2001). Although this standard is highly deferential, “[m]inor inconsistencies in the record such as discrepancies in dates which reveal nothing about an asylum applicant’s fear for his safety are not an adequate basis for an adverse credibility finding.” Vilorio-Lopez v. INS, 852 F.2d 1137, 1142 (9th Cir.1988). In addition, “[speculation and conjecture cannot form the basis of an adverse credibility finding, which must instead be based on substantial evidence.” Shah v. INS, 220 F.3d 1062, 1071 (9th Cir.2000).

Where, as here, the BIA relies on and adopts the…

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