Singh

Singh v. Ashcroft

Good Law
110 F. App'x 771
United States Court of Appeals for the Ninth CircuitSeptember 20, 2004No. 03-71237California305 words

Opinion

Lead Opinion

MEMORANDUM **

Major Singh, a native and citizen of India, petitions for review of the decision of the Board of Immigration Appeals, summarily affirming an Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review an adverse credibility finding for substantial evidence, Lata v. INS, 204 F.3d 1241, 1245 (9th Cir.2000), and we grant the petition for review, and remand.

Substantial evidence does not support the IJ’s adverse credibility finding, based on Singh’s failure to state in his declaration that he was beaten during his first arrest. See Singh v. Ashcroft, 301 F.3d 1109, 1112 (9th Cir.2002) (holding that an omission of an injury while describing other injuries is not a proper basis for an adverse credibility finding). Substantial evidence also does not support the IJ’s finding that Singh continually failed to provide persuasive explanations to questions at his hearing. See Garrovillas v. INS, 156 F.3d 1010, 1013 (9th Cir.1998) (rejecting adverse credibility finding where the IJ did not credit petitioner’s explanation). Finally, the IJ’s…

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