Daroch

MEMORANDUM **

Shankar Singh Daroch, a native and citizen of India, petitions for review of the *542 Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum and withholding of removal under 8 U.S.C. §§ 1158 (a) and 1253(h). We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we review the IJ’s decision as the final agency determination, see Falcon Carache v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). We review for substantial evidence the IJ’s adverse credibility determination, Shah v. INS, 220 F.3d 1062, 1067 (9th Cir.2000), and we grant the petition.

The IJ offered four reasons for not finding Daroch credible, none of which is a valid basis for such a determination. The IJ doubted Daroch’s credibility, in part, because Daroch admitted he lied in order to obtain his non-immigrant visa. This Court has held that false statements made in the attempt to gain entry into the United States may not be the basis of an adverse credibility finding. See Akinmade v. INS, 196 F.3d 951, 955-56 (9th Cir. 1999).

The IJ also based his adverse credibility finding on inconsistencies in the way dates were…