Lal

MEMORANDUM **

Harbans Lai, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 . Because the BIA affirmed the IJ’s decision without opinion, we review the IJ’s decision as the final agency determination. Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). We review factual findings, including adverse credibility findings, for substantial evidence. Salaam v. INS, 229 F.3d 1234, 1237-38 (9th Cir.2000) (per curiam). We grant the petition.

Lai testified that he was arrested and beaten on two occasions. The IJ stated that he did not believe Lai’s testimony because of the lack of supporting evidence regarding the alleged 1991 arrest, the implausibility of the alleged 1999 arrest, and the IJ’s belief that Lai’s true motivation for leaving India was economic. These reasons are not supported by substantial evidence. See id. at 1238-39 (credibility determination cannot be based on “unsupported assumption” and, where applicant…