Singh

Singh v. Ashcroft

Good Law
104 F. App'x 113
United States Court of Appeals for the Ninth CircuitJuly 21, 2004No. 03-71663California411 words

Opinion

Lead Opinion

MEMORANDUM **

Manjit Singh, a native and citizen of India, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an immigration judge’s denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (the “Convention”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, Singh v. Ashcroft, 362 F.3d 1164, 1168 (9th Cir. 2004), and grant the petition for review.

Substantial evidence does not support the finding that Singh’s testimony regarding the reason for his 1999 arrest was inconsistent with his asylum application. See He v. Ashcroft, 328 F.3d 593, 603 (9th Cir.2003). Substantial evidence also does not support the adverse credibility finding based on the omission of Singh’s treatment by an herbalist from his asylum application. Minor omissions from an alien’s asy *114 lum application do not support an adverse credibility determination. See Bandari v. INS, 227 F.3d 1160, 1166-67 (9th Cir. 2000).

The BIA’s and IJ’s findings that Singh was not credible due to his failure to adhere to all of the traditions of the Sikh religion are not supported…

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