Singh

Singh v. Ashcroft

Good Law
103 F. App'x 323
United States Court of Appeals for the Ninth CircuitJuly 21, 2004No. 03-71208California386 words

Opinion

Lead Opinion

MEMORANDUM **

Gurdev Singh, a native and citizen of India, petitions for review of an order of the Board of Immigration Appeals (“BIA”) summarily affirming the order of an immigration judge (“IJ”) denying his applications for asylum, withholding of removal, and protection under the United Nations Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review the IJ’s decision as the final agency determination, Falcon Carache v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003), and we review for substantial evidence any adverse credibility determination, Shah v. INS, 220 F.3d 1062, 1067 (9th Cir.2000). We grant the petition for review.

Substantial evidence does not support the IJ’s adverse credibility determination because the record does not support the IJ’s finding that there were important discrepancies or inconsistencies in Singh’s accounts of his second or third arrests that were not adequately explained in the course of the proceedings. See Garrovillas v. INS, 156 F.3d 1010, 1013-14 (9th Cir.1998). Because the remaining inconsistencies cannot be viewed as Singh’s attempts to enhance his claims of persecution, they cannot be the basis of an adverse…

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