Singh

Singh v. Ashcroft

Good Law
84 F. App'x 765
United States Court of Appeals for the Ninth CircuitDecember 10, 2003No. 02-72462.; Agency No. A76-673-023California587 words

Opinion

Lead Opinion

MEMORANDUM *

Harjinder Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals (“BIA”) summary decision affirming the Immigration Judge’s (“IJ”) denial of his applications for asylum and withholding of removal. Singh contends that substantial evidence does not support the IJ’s adverse credibility finding. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We grant the petition for review and remand to the BIA to determine whether Singh is eligible for asylum and withholding.

Where, as here, a single panel member of the BIA affirms the IJ’s decision without opinion pursuant to 8 C.F.R. § 3.1 (a)(7) (now 8 C.F.R. § 1003.1 (a)(7)), we review the decision of the IJ. Fajardo v. INS, 300 F.3d 1018 , 1019 n. 1 (9th Cir.2002). We review the IJ’s adverse credibility finding for substantial evidence. Lata v. INS, 204 F.3d 1241, 1245 (9th Cir.2000). Although the “substantial evidence” standard is highly deferential, to support an adverse credibility determination, the IJ “must have a legitimate articulable basis to question the petitioner’s credibility, and must offer a specific, cogent reason for any stated disbelief.” Shah v. INS, 220 F.3d 1062,…

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.