Singh

MEMORANDUM **

Harmandeep Singh, a native and citizen of India, petitions for review of an order of the Board of Immigration Appeals summarily affirming without opinion an immigration judge’s denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 . Reviewing for substantial evidence, see Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002), we grant the petition for review and remand.

The immigration judge denied relief on the basis of his finding that Singh’s *692 testimony was not credible. The primary explanation given for the immigration judge’s adverse credibility determination was that it was “inherently implausible” that someone would return to India after spending six months in the United States if he had previously been tortured by Indian police officers. This assertion is speculative and therefore cannot form the basis of an adverse credibility finding. See Shah v. INS, 220 F.3d 1062, 1071 (9th Cir.2000) (“Speculation and conjecture cannot form the basis of an adverse credibility finding, which must instead be based on substantial evidence.”); see also Paramasamy v.…