Singh

I respectfully dissent.

MEMORANDUM **

Avtar Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ dismissal of his appeal of an immigration judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“Convention”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, Singh v. INS, 340 F.3d 802, 806 (9th Cir.2003), and grant the petition for review.

The IJ found Singh not credible, in part, due to alleged inconsistencies in his testimony concerning the date of his third arrest. However, minor discrepancies in dates are not sufficient to support an adverse credibility determination. See Bandan v. INS, 227 F.3d 1160, 1166 (9th Cir .2000).

The IJ also questioned Singh’s credibility because certain third-party affidavits he submitted in support of his application failed to mention his third arrest. Because the affidavits do not contradict or undermine Singh’s testimony, the alleged discrepancy was not a proper basis for the IJ’s credibility determination. See Lopez-Reyes v. INS, 79 F.3d 908, 911-12 (9th Cir.1996).

*563 Finally, the IJ based her credibility…