Singh

Singh v. Ashcroft

Good Law
108 F. App'x 486
United States Court of Appeals for the Ninth CircuitAugust 26, 2004No. 02-74344; Agency No. A75-641-878California602 words

Opinion

Lead Opinion

*487 MEMORANDUM *

Satnam Singh (Singh), a native and citizen of India, appeals the Board of Immigration Appeals’ summary affirmance of the decision of the Immigration Judge (IJ) denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT).

The IJ denied Singh’s application because he found him not credible. We find that the IJ erred in his analysis of each of the bases for his adverse credibility determination, and are therefore compelled to reverse.

1. Demeanor. The IJ failed to reference specific excerpts of Singh’s testimony in support of his negative demeanor finding, thereby hampering this court’s review. The IJ must articulate with specificity any inconsistencies or evasions he finds. Singh v. Ashcroft, 301 F.3d 1109, 1113-14 (9th Cir.2002). We see no evidence in the transcript of Singh’s testimony that his responses differed between his direct and cross-examination, nor that his testimony on cross was “vague” or “short.”

2. Jeep Incident. Asylum applications are not a model in accuracy. Incomplete asylum applications alone cannot serve as a basis for making an adverse credibility finding. Aguilera-Cota v. INS, 914…

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