Kaushal

MEMORANDUM ***

Rajinder Kumar Kaushal (“Kaushal”), a native and citizen of India, petitions for review of a final order issued by the Board of Immigration Appeals (BIA) affirming an Immigration Judge’s (IJ) denial of asylum, withholding of removal, and Convention Against Torture relief. We conclude the IJ’s credibility findings are not supported by substantial evidence and, accordingly, we grant the petition and remand for further proceedings.

DISCUSSION

To qualify for asylum, Kaushal was required to show he was unwilling to return to India “because of persecution or a well-founded fear of persecution.” See Khup v. Ashcroft, 376 F.3d 898, 903 (9th Cir.2004) (internal quotation omitted). To obtain withholding of removal, Kaushal was required to show he would more likely than not be subjected to persecution if forced to return to India. Id. at 905 . Finally, for Convention Against Torture relief, Kaushal must show it is more likely than not he will be tortured if he returns to India. Id. at 906 . Because the BIA affirmed without opinion, we look to the IJ’s decision as the final agency determination. Ali v. Ashcroft, 394 F.3d 780, 784 (9th Cir.2005).

The IJ found that Kaushal…