Singh

Singh v. Ashcroft

Good Law
103 F. App'x 187
United States Court of Appeals for the Ninth CircuitJune 25, 2004No. 03-71489; Agency No. A76-849-046California718 words

Opinion

Lead Opinion

MEMORANDUM **

Harpreet Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from an Immigration Judge’s (“IJ”) denial of his application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 , grant the petition for review, and remand for further proceedings.

By contending that no adverse credibility determination was made, Singh’s brief misstates the content of the BIA and IJ decisions. While this error bespeaks troubling neglect of the record by counsel, we retain discretion to review the issue of credibility “because the government briefed it, and thus suffers no prejudice from Singh’s failure to properly raise the issue.” Singh v. Ashcroft, 361 F.3d 1152 , 1157 n. 3 (9th Cir.2004). Reviewing the grounds supporting the adverse credibility finding for substantial evidence, see Mendoza Manimbao v. Ashcroft, 329 F.3d 655, *188 658 (9th Cir.2003), we conclude that this standard is not met.

We require specific explanations of why-adverse credibility grounds are significant. See Shah v. INS, 220 F.3d 1062, 1068 (9th Cir.2000). The IJ, whose findings the BIA adopted, did not…

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