Singh

MEMORANDUM **

Devinder Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal and protection under the Convention Against Torture. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we grant the petition in part, deny in part and remand for further consideration.

Singh contends that the IJ’s statements regarding credibility were insufficient to constitute an express adverse credibility determination. We agree. See Mendoza Manimbao v. Ashcroft, 329 F.3d 655, 658-59 (9th Cir.2003).

Taking Singh’s factual allegations as true, Singh has established past persecution on account of imputed political opinion. The IJ’s reliance on Prasad v. INS, *933 47 F.3d 336 -39 (9th Cir.1995) is misplaced, taking into account that: Singh was specifically accused of being a militant, after which he was detained for 12-13 days; he was physically abused by the police; received medical treatment for his injuries; and the police showed a continuing interest in him. See e.g. Chanchavac v. INS, 207 F.3d 584 , 590 n. 5 (9th Cir.2000)…