Singh

MEMORANDUM **

Jeet Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal from an immigration judge’s (“IJ”) denial of his application for asylum and withholding of deportation. He also appeals the BIA’s denial of his motion to remand to apply for relief under the Convention Against Torture (“CAT”). We apply the transitional rules under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and we have jurisdiction under 8 U.S.C. § 1105a(a). Garcia v. INS, 222 F.3d 1208 , 1209 n. 2 (9th Cir.2000) (per curiam). We grant the petition for review, and remand.

The BIA did not make an explicit adverse credibility finding and we therefore accept Singh’s factual allegations as true. See Ladha v. INS, 215 F.3d 889, 900 (9th Cir.2000). The BIA’s reliance on Chebchoub v. INS, 257 F.3d 1038 (9th Cir.2001), is misplaced because, in Chebchoub , the agency made an adverse credibility finding that we upheld. See id. at 1042-44 . Here, however, neither the IJ nor BIA made an explicit adverse credibility finding, yet required that Singh provide corroboration. See Ladha, 215 F.3d at 900 n. 11. When…