Naher

Naher v. Holder

Good Law
437 F. App'x 597
United States Court of Appeals for the Ninth CircuitJune 9, 2011No. 08-71833California476 words

Opinion

Lead Opinion

MEMORANDUM **

Chand Naher, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ order affirming an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Tekle v. Mukasey, 533 F.3d 1044, 1051 (9th Cir.2008), and we grant the petition for review and remand for further proceedings.

Substantial evidence does not support the agency’s finding that Naher lacked credibility because his father’s name was misspelled on his voter identification card, where he provided a reasonable explanation and included several other documents with the correct spelling. See Shah v. INS, 220 F.3d 1062, 1068 (9th Cir.2000) (“discrepancy ... capable of being attributed to a typographical or clerical error ... cannot form the basis of an adverse credibility finding”); see also Kaur v. Ashcroft, 379 F.3d 876, 886-87 (9th Cir.2004) (discussing petitioner’s argument that a “phonetic transliteration of a Punjabi name “has many spellings in English, each of which are interchangeably acceptable as…

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