Kamal

Kamal v. Ashcroft

Good Law
109 F. App'x 898
United States Court of Appeals for the Ninth CircuitSeptember 22, 2004No. 03-70100California317 words

Opinion

Lead Opinion

MEMORANDUM **

Yadwinder Singh Kamal, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s (“IJ”) denial of his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence an adverse credibility determination, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and we grant the petition.

Substantial evidence does not support the IJ’s adverse credibility finding. Two discrepancies were noted regarding dates, which are minor discrepancies that cannot support an adverse credibility. See Bandari v. INS, 227 F.3d 1160, 1166 (9th Cir.2000). Similarly, an inconsistency relating to whether petitioner reported to police that militants visited him is also a minor discrepancy not going to the heart of his claim. See Singh v. Ashcroft, 301 F.3d 1109, 1113 (9th Cir.2002). Since police knew about the visit and questioned petitioner about it, whether he reported it is inconsequential and thus a minor inconsistency. See id. (holding that discrepancy involving where a political rally was held was minor and could not be viewed as an attempt…

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