Mann

MEMORANDUM **

Amarjit Singh Mann petitions for review of the denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT) on the basis of an adverse credibility finding. Because the Board of Immigration Appeals (BIA) affirmed the decision of the Immigration Judge (IJ) without opinion, we review the IJ’s decision as the final agency determination. See Garcia-Martinez v. Ashcroft, 371 F.3d 1066, 1074 (9th Cir.2004). We have jurisdiction under 8 U.S.C. § 1252 , and we review for substantial evidence. Alvarez-Santos v. INS, 332 F.3d 1245, 1254 (9th Cir.2003). We grant the petition and remand.

The IJ relied largely on Mann’s inability to prove his identity. We conclude that the IJ erred in rejecting Mann’s attempts to establish his identity without giving Mann sufficient notice and opportunity to respond; however we are unable to resolve the issue of Mann’s identity conclusively. Therefore, we remand to the BIA with instructions to remand to an IJ to conduct a hearing on Mann’s identity.

Mann’s previous use of a non-Sikh alias put his identity sufficiently into question that the IJ did not err in requiring Mann to produce…