Singh

Singh v. Ashcroft

Good Law
103 F. App'x 190
United States Court of Appeals for the Ninth CircuitJune 25, 2004No. 03-71519; Agency No. A73-428-023California314 words

Opinion

Lead Opinion

*191 MEMORANDUM **

Gurjit Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal of an immigration judge’s denial of his applications for asylum and withholding of deportation, and denying his motion to remand for relief under Article 3 of the Convention Against Torture (the “Convention”). We have jurisdiction under 8 U.S.C. § 1105a(a). Kalaw. v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). We review for substantial evidence. Chanel v. INS, 222 F.3d 1066,1073 (9th Cir.2000). We grant the petition and remand for further proceedings.

The BIA’s adverse credibility determination was based solely on omissions and inconsistencies between Singh’s asylum application and his asylum hearing testimony. The BIA’s adverse credibility finding is not supported by substantial evidence because it is based on minor date discrepancies for which Singh had a reasonable explanation, see Bandari v. INS, 227 F.3d 1160, 1166 (9th Cir.2000), and because Singh’s asylum application was not as detailed as his hearing testimony, see Singh v. INS, 292 F.3d 1017, 1021 (9th Cir.2002) (adverse credibility determinations cannot be based…

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