Singh

Singh v. Gonzales

Good Law
139 F. App'x 891
United States Court of Appeals for the Ninth CircuitJuly 20, 2005No. 03-70227California1,246 words

Opinion

Lead Opinion

MEMORANDUM ***

Dalbir Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision summarily affirming the Immigration Judge’s (“IJ”) denial of his applications for asylum, withholding of deportation, and relief under the Convention Against Torture (“CAT”). Because the transitional rules apply, see Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), we have jurisdiction under former 8 U.S.C. § 1105a(a). We grant the petition for review and remand *893 to the BIA to permit it to conduct further proceedings relating to changed country conditions.

We first consider whether the IJ’s adverse credibility finding was supported by substantial evidence, see Shah v. INS, 220 F.3d 1062, 1067 (9th Cir.2000), and hold that it was not. The IJ disbelieved that Singh was detained and beaten by Indian police in March 1994 because his asylum application indicated that he was detained for three weeks, whereas he testified at his asylum hearing that he was detained only for a day and a half. The IJ, however, failed to consider Singh’s explanation for the inconsistency: that the person who drafted the application made a mistake in the translation.…

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