Kumar

Kumar v. Gonzales

Good Law
150 F. App'x 591
United States Court of Appeals for the Ninth CircuitSeptember 15, 2005No. 04-73340; Agency No. A95-583-610California419 words

Opinion

Lead Opinion

MEMORANDUM **

Sandeep Kumar, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ summary affirmance of an immigration judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 . We review an adverse credibility determination for substantial evidence. Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001). We grant the petition for review and remand for further proceedings.

The IJ’s adverse credibility finding is not supported by substantial evidence because any inconsistency as to whether or not Kumar stayed at the gurdwara once he arrived in the United States is minor and does not “relate to the basis for his alleged fear of persecution.” Id. at 1043 (quoting de Leon-Barrios v. INS, 116 F.3d 391 , 393 (9th Cir.1997)). Further *593 more, while the letter from Kumar’s treating doctor does not mention the injury to his hand, this does not render the letter inconsistent with his testimony. See Singh v. Ashcroft, 301 F.3d 1109, 1112 (9th Cir. 2002) (the omission of a detail included in an applicant’s oral testimony does not make a…

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