Singh

Singh v. Gonzales

Good Law
175 F. App'x 157
United States Court of Appeals for the Ninth CircuitApril 11, 2006No. 04-75289California398 words

Opinion

Lead Opinion

MEMORANDUM **

Hardev Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from the immigration judge’s (“IJ”) denial of his application for asylum and withholding of removal. 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 IJ’s adverse credibility determination was not supported by substantial evidence. The IJ’s finding that Singh was unable to provide sufficient details of his charitable activities or his father’s arrests is contrary to the record. The IJ’s finding that Singh did not have the level of political knowledge one would expect of someone in his position was speculative and therefore cannot support an adverse credibility determination. See Shah v. INS, 220 F.3d 1062, 1071 (9th Cir.2000). Likewise, the IJ’s finding that it was “illogical” that Singh’s father had not been arrested since 1994 is also speculative and therefore an improper basis for an adverse credibility determination. See id. Lastly, the IJ declined to credit Singh’s documentary evidence, including…

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