Singh
Singh v. Gonzales
Opinion
Lead Opinion
MEMORANDUM ***
Sarbjit Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision, which affirmed the Immigration Judge’s (“IJ”) order denying his application for asylum and withholding of deportation, and which denied his motion to remand his case to the IJ to consider relief under the Convention Against Torture (“CAT”). We have jurisdiction under former 8 U.S.C. § 1105a. Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). We grant the petition for review and remand for further proceedings.
Where, as here, the BIA adopts the IJ’s credibility determination, “we look through the BIA’s decision to examine the IJ’s reasons for deeming the person not credible.” Ban dari v. INS, 227 F.3d 1160,1165 (9th Cir.2000). We review adverse credibility determinations under the substantial evidence standard. He v. Ashcroft, 328 F.3d 593, 595 (9th Cir.2003).
Singh contends that the IJ’s adverse credibility determination is not supported by substantial evidence. We agree. The IJ’s reasons are not supported by substantial evidence. See Bandari, 227 F.3d at 1165 .