Sahota

Sahota v. Ashcroft

Good Law
102 F. App'x 611
United States Court of Appeals for the Ninth CircuitJune 24, 2004No. 03-70062; Agency No. A75-304-564California441 words

Opinion

Lead Opinion

MEMORANDUM **

Raj Singh Sahota, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ summary affirmance of an immigration judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, Singh v. INS, 362 F.3d 1164, 1168 (9th Cir.2004), and grant the petition for review.

The IJ found Sahota not credible based, in part, on his alleged inability to explain how he traveled from Italy to England after he fled India. The IJ’s characterization of the evidence is not supported by the record. Moreover, because this discrepancy does not go to the heart of Sahota’s asylum claim and cannot be *613 viewed as an attempt to enhance the claim of persecution, it has no bearing on Sahota’s credibility. See Singh v. Ashcroft, 301 F.3d 1109, 1113 (9th Cir.2002).

The IJ also found Sahota not credible based on what the IJ described as a break in the line of letters in the word “licensing” on Sahota’s driver’s license. The IJ’s finding on this point amounts to impermissible speculation concerning the correct…

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