Singh

Singh v. Ashcroft

Good Law
91 F. App'x 558
United States Court of Appeals for the Ninth CircuitFebruary 25, 2004No. 03-70208; Agency No. A77-819-021California1,041 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Charanjit Singh’s application for asylum was denied by the Immigration Judge (“IJ”) based on an adverse credibility finding. The Board of Immigration Appeals (“BIA”) affirmed the IJ’s ruling without opinion. Because we do not find substantial evidence in the record to support the adverse credibility finding, we grant Singh’s petition for review.

Because the BIA affirmed the IJ’s decision without opinion, it is the IJ’s decision that is reviewed here as the final agency action. See 8 C.F.R. § 1003.1 (e)(4); Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). We review the IJ’s adverse credibility finding for substantial evi *559 dence. Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002). “Although the substantial evidence standard is deferential, an adverse credibility finding must be based on specific, cogent reason[s], which are substantial and bear a legitimate nexus to the finding.” Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001) (alteration in original) (internal quotation marks and citations omitted). “[MJinor inconsistencies and minor omissions relating to unimportant facts will not support an adverse credibility finding.” De…

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