Singh

Singh v. Ashcroft

Good Law
107 F. App'x 799
United States Court of Appeals for the Ninth CircuitAugust 24, 2004No. 03-70518California857 words

Opinion

Lead Opinion

MEMORANDUM **

Lakhvir Singh, a native and citizen of India, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) affirming the order of the immigration judge (“IJ”) denying his application for asylum and for relief under the Convention Against Torture, 8 C.F.R. § 208.16 (e). Because the parties are fa *800 miliar with the factual and procedural history of this case, we will not recount it here. Because the BIA adopted the IJ’s decision in its entirety, we review the IJ’s ruling. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003). We deny the petition as to the asylum application, but grant the petition as to the relief sought under the Convention Against Torture and remand for further proceedings.

I

The IJ denied the asylum application based on an adverse credibility finding. An adverse credibility finding is reviewed for substantial evidence, see Osorio v. INS, 99 F.3d 928, 931 (9th Cir.1996), and must be supported by specific, cogent reasons that are supported by the record, Cordon-Garcia v. INS, 204 F.3d 985, 993 (9th Cir.2000). The IJ based the adverse credibility finding in part on petitioner’s demeanor. Demeanor findings by an…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.