Singh

Singh v. Ashcroft

Good Law
116 F. App'x 915
United States Court of Appeals for the Ninth CircuitDecember 3, 2004No. 03-71436; Agency No. A75-306-881California790 words

Opinion

Lead Opinion

MEMORANDUM *

Paramjit Singh, a native of India, petitions for review of the summary decision of the Board of Immigration Appeals (BIA), affirming the Immigration Judge’s (IJ) denial of petitioner’s application for asylum, *916 withholding of removal, and relief under the Convention Against Torture. Petitioner contends the IJ’s adverse credibility finding is not supported by substantial evidence. We agree and grant the petition for review.

We review an IJ’s adverse credibility finding for substantial evidence. Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002). Although the standard is deferential, the IJ “must provide a specific cogent reason for the adverse credibility finding.” Id. (internal quotation marks omitted). The reasons underlying the adverse credibility finding “must be substantial and bear a legitimate nexus to the finding.” Id. at 1228 . Minor inconsistencies or factual omissions that do not go to the heart of the asylum claim are insufficient to support an adverse credibility finding. Singh v. Ashcroft, 367 F.3d 1139, 1143 (9th Cir.2004).

The IJ’s adverse credibility finding here is not supported by substantial evidence. The IJ relied on four claimed inconsistencies.…

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