Singh

Singh v. Ashcroft

Good Law
113 F. App'x 835
United States Court of Appeals for the Ninth CircuitNovember 22, 2004No. 03-72722California580 words

Opinion

Lead Opinion

MEMORANDUM **

Rajinder Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from an Immigration Judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We grant the petition for review in part, deny it in part, and remand for further proceedings.

Because the BIA adopted the IJ’s reasoning, we review the IJ’s decision. See Vallecillo-Castillo v. INS, 121 F.3d 1237, 1238-39 (9th Cir.1996). Reviewing the IJ’s adverse credibility determination for substantial evidence, see Mendoza Manimbao v. Ashcroft, 329 F.3d 655, 658 (9th Cir.2003), we conclude that this standard is not met.

The IJ’s finding that Singh was unresponsive to the point of jeopardizing his credibility is unsupported by substantial record evidence. See Arulampalam v. Ashcroft, 353 F.3d 679, 686-87 (9th Cir.2003).

*837 The IJ’s comments concerning Singh’s religion are also not supported by substantial evidence. Singh provided reasonable explanations for the length of his hair and his lack of religious symbols.…

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