Virk

Virk v. Gonzales

Good Law
168 F. App'x 237
United States Court of Appeals for the Ninth CircuitFebruary 21, 2006No. 04-74691California443 words

Opinion

Lead Opinion

MEMORANDUM **

Amarpreet Singh Virk, a native and citizen of India, petitions for review of an order of the Board of Immigration Appeals *238 (“BIA”) summarily affirming an immigration judge’s (“IJ”) order denying his applications for asylum, withholding of removal and protection under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review the IJ’s adverse credibility determination for substantial evidence, see Shah v. INS, 220 F.3d 1062, 1067 (9th Cir.2000), and we review the IJ’s determination that the petitioner is not entitled to asylum for abuse of discretion, see Kalubi v. Ashcroft, 364 F.3d 1134, 1137 (9th Cir.2004). We grant the petition for review and remand for further proceedings.

Substantial evidence does not support the IJ’s adverse credibility finding because it is based on speculation and conjecture. See Kaur v. Ashcroft, 379 F.3d 876, 887 (9th Cir.2004). For example, the IJ speculated about whether Indian authorities would have arrested Virk under the circumstances he described, see Ge v. Ashcroft, 367 F.3d 1121, 1125 (9th Cir.2004), and whether the authorities would have known Virk left for the United States. The IJ’s…

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