Dahiya

Dahiya v. Gonzales

Good Law
156 F. App'x 966
United States Court of Appeals for the Ninth CircuitDecember 12, 2005No. 04-70494; Agency No. A95-402-148California312 words

Opinion

Lead Opinion

MEMORANDUM **

Amit Dahiya, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance of an Immigration Judge’s (“IJ”) denial of his applications for asylum and withhold *967 ing of removal and for relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence an adverse credibility determination, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and we grant in part and deny in part the petition for review.

Substantial evidence does not support the BIA’s adverse credibility finding. The BIA found that it was implausible that petitioner could obtain a passport after he had been arrested and that his father told police that he was in the state of Haryana. Because petitioner could have obtained a passport because he was never charged with a crime, and his father could have told police that he was in another state for any number of reasons, and improper speculation does not support an adverse credibility decision, the BIA’s adverse credibility finding is not supported. See Shah v. INS, 220 F.3d 1062, 1071 (9th Cir.2000).

Petitioner fails to establish a CAT…

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