Singh

Singh v. Ashcroft

Good Law
91 F. App'x 560
United States Court of Appeals for the Ninth CircuitFebruary 27, 2004No. 02-72476; Agency No. A72-665-552California1,181 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Sukhvinder Singh’s application for asylum and withholding of removal 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. We do not find substantial evidence in the record to support the adverse credibility finding, and therefore 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 evidence. 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). “Conjecture” or “speculation” on the part of the IJ or BIA will not support an adverse credibility finding. Maini…

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