Singh

Singh v. Gonzales

Good Law
121 F. App'x 783
United States Court of Appeals for the Ninth CircuitFebruary 16, 2005No. 03-71760California240 words

Opinion

Lead Opinion

MEMORANDUM ****

Gurdip Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ order denying his application for asylum and withholding of removal. 1 We have jurisdiction under 8 U.S.C. § 1252 and we grant the petition.

The BIA’s determination that Singh was not credible was not supported by substantial evidence. See INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). The three grounds identified by the BIA as a basis for the adverse credibility determination were minor and do not go to the heart of Singh’s claim. See Mendoza Manimbao v. Ashcroft, 329 F.3d 655, 660 (9th Cir.2003); Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001).

We remand this matter to the BIA for further proceedings to determine whether, *784 accepting Singh’s testimony as credible, he is eligible for asylum and withholding of removal. See INS v. Ventura, 537 U.S. 12, 16-17 , 123 S.Ct. 353 , 154 L.Ed.2d 272 (2002) (per curiam).

PETITION FOR REVIEW GRANTED; REMANDED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

. Singh also…

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