Sahi

Sahi v. Ashcroft

Good Law
104 F. App'x 88
United States Court of Appeals for the Ninth CircuitJuly 21, 2004No. 03-71576California405 words

Opinion

Lead Opinion

*89 MEMORANDUM **

Manjit Singh Sahi, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal of an Immigration Judge’s (“IJ”) denial of his applications for asylum and withholding of removal. Sahi also petitions for review of the BIA’s denial of his motion to remand to permit him to apply for relief under the Convention Against Torture. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We grant the petition for review.

We review credibility findings for substantial evidence. See Pal v. INS, 204 F.3d 935, 938 (9th Cir.2000). Sahi testified that when he was admitted to the hospital on January 1, 1997, he was “unconscious” in the sense that he was helpless to do anything but observe things was not inconsistent with the hospital report. See Singh v. Ashcroft, 301 F.3d 1109, 1112 (9th Cir.2002). Substantial evidence does not support the IJ’s adverse credibility finding based on a discrepancy between Sahi’s testimony and the hospital report regarding his head injury because the IJ did not address Sahi’s plausible explanation. See Garrovillas v. INS, 156 F.3d 1010, 1013 (9th Cir.1998). In addition, the IJ improperly…

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