Singh

Singh v. Ashcroft

Good Law
105 F. App'x 912
United States Court of Appeals for the Ninth CircuitJuly 22, 2004No. 03-72707; Agency No. A77-382-131California655 words

Opinion

Lead Opinion

MEMORANDUM **

Palwinder Singh, a native and citizen of India, petitions for review of the decision *914 of the Board of Immigration Appeals (BIA) affirming an immigration judge’s (IJ) denial of his requests for asylum, withholding of removal, and protection under Article 3 of the Convention Against Torture (CAT). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the BIA’s determination that Singh was not credible, see Malhi v. INS, 336 F.3d 989, 993 (9th Cir.2003), and we grant the petition for review.

The BIA offered four reasons for not finding Singh credible, none of which is a valid basis for such a determination. Any contradiction between Singh’s oral and written testimony that he was a “supporter” of the All India Sikh Students Federation (AISSF), and affidavits he submitted which state that he was a “member” of AISSF is a “minor error” which cannot be viewed as an attempt to enhance Singh’s claims of persecution. Wang v. Ashcroft, 341 F.3d 1015, 1021-22 (9th Cir. 2003). Status as either a “supporter” or a “member” is consistent with Singh’s assertion that he was jailed and beaten because of his affiliation with AISSF.

The BIA questioned the…

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