Varaich

MEMORANDUM **

Gurmeet Singh Varaich, a native and citizen of India, petitions for review of an order of the Board of Immigration Appeals (BIA) affirming the decision of an Immigration Judge (IJ) denying Singh’s applications for asylum, withholding of removal, and protection under the Convention Against Torture (Convention). We review for substantial evidence an adverse credibility finding and a denial of eligibility for asylum. See Malhi v. INS, 336 F.3d 989, 993 (9th Cir.2003). We grant the petition and remand.

A. Adverse Credibility Finding

Substantial evidence does not support the adverse credibility finding. The BIA affirmed the IJ’s decision, indicating its conclusions coincided with those articulated by the IJ. The IJ cited five reasons for finding Varaich’s testimony not credible: (1) a discrepancy in the date of Varaich’s first arrest; (2) the omission from both parents’ affidavits of Varaich’s second arrest; (3) a discrepancy in his mother’s affidavit regarding the reason for Varaich’s trouble; (4) inconsistencies regarding Varaich’s visa; and (5) the lack of detail in Varaich’s testimony.

As to the discrepancy in the date of Varaich’s first arrest, Varaich was asked…