Singh

Singh v. Gonzales

Good Law
143 F. App'x 869
United States Court of Appeals for the Ninth CircuitSeptember 19, 2005No. 04-71691California945 words

Opinion

Lead Opinion

MEMORANDUM **

Balbir Singh, a native and citizen of India, petitions pro se for review of the *871 Board of Immigration Appeals’ (“BIA”) decision affirming an Immigration Judge’s (“I J”) denial of his applications for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . Because the BIA adopted the IJ’s decision in part and gave reasons of its own, we review both decisions. See Kataria v. INS, 232 F.3d 1107, 1112 (9th Cir.2000). Reviewing for substantial evidence, see id., we grant the petition for review, and remand for further proceedings.

The IJ’s adverse credibility finding is not supported by substantial evidence. First, the IJ disbelieved Singh’s testimony that he waited until April 13, 2000 to join the Akali Dal Mann political party because his sons were finally old enough (ages 13 and 11) to take over the work on his farm. The IJ found it inconceivable that two minor children could fairly be described as being able to take care of a farming business. This finding is based upon speculation and conjecture because nothing in the record suggests that the ages of Singh’s sons precluded them…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.