Singh

Singh v. Gonzales

Good Law
134 F. App'x 158
United States Court of Appeals for the Ninth CircuitJune 10, 2005No. 03-71677; Agency No. A77-297-941California857 words

Opinion

Lead Opinion

MEMORANDUM ***

Petitioner Charanjit Singh requests review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of the immigration judge’s (“IJ”) denial of Petitioner applications for asylum, withholding of removal and relief under the Convention Against Tortures. The IJ found that Singh was not credible and ordered him removed under INA § 212(a)(7)(A)(i)(I) for entering the United States without a passport and under INA § 212(a)(6)(C)(i) fraud or willful misrepresentation. We grant the petition for review. Because the parties are familiar with the factual and procedural history of the case, we will not recount it here.

The BIA has not shown the “legitimate articulable basis to question the petitioner’s credibility, and ... specific, cogent reason for any stated disbelief’ required to *160 support an adverse credibility determination. Singh v. Ashcroft, 301 F.3d 1109, 1111 (9th Cir.2002). In this case, the IJ failed to show “specific, cogent reasons that bear a legitimate nexus to the finding.” Zahedi v. INS, 222 F.3d 1157, 1163 (9th Cir.2000).

The IJ relied on impermissible conjecture and speculation in forming his adverse credibility finding. He focused primarily on…

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