Singh

Singh v. Ashcroft

Good Law
104 F. App'x 59
United States Court of Appeals for the Ninth CircuitJuly 16, 2004No. 03-71780California276 words

Opinion

Lead Opinion

MEMORANDUM **

Jinder Singh, a native and citizen of India, petitions for review of the decision of the Board of Immigration Appeals dismissing his appeal and denying his motion to remand following an immigration judge’s (“IJ”) denial of his application for asylum and withholding of deportation. We have jurisdiction pursuant to 8 U.S.C. § 1105a(a). See Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). We review an adverse credibility finding for substantial evidence, Lata v. INS, 204 F.3d 1241, 1245 (9th Cir.2000), and we grant the petition for review.

The IJ’s adverse credibility determination is not supported by substantial evidence because the record reflects that *60 Singh’s testimony regarding receipt of his passport and his departure from India was neither vague nor shifting. See Aru-lamvpalam v. Ashcroft, 353 F.3d 679, 686 (9th Cir.2003). Furthermore, the IJ’s focus on minor inconsistencies in dates is not a proper basis for an adverse credibility determination because it does not concern the heart of the claim. See Chebchoub v. INS, 257 F.3d 1038, 1042-43 (9th Cir. 2001). Finally, the IJ impermissibly found that Singh was required to provide corroborating evidence to…

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