Dhaliwal

Dhaliwal v. Holder

Good Law
337 F. App'x 735
United States Court of Appeals for the Ninth CircuitJuly 22, 2009No. 06-72687California429 words

Opinion

Lead Opinion

MEMORANDUM **

Sukhjinder Singh Dhaliwal, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence findings of fact, including adverse credibility determinations, Soto-Olarte v. Holder, 555 F.3d 1089, 1091 (9th Cir.2009), and we grant in part and deny in part the petition for review.

The IJ found Dhaliwal not credible because he omitted his father’s arrest, subsequent police visits, and details regarding his detention and mistreatment from his asylum application. The adverse credibility determination is not supported by substantial evidence in light of Dhaliwal’s explanation that he did not prepare his application and he expected a chance to elaborate at a later date. See Alvarez-Santos v. INS, 332 F.3d 1245, 1254 (9th Cir.2003); Lopez-Reyes v. INS, 79 F.3d 908, 911 (9th Cir.1996). Furthermore, the BIA’s finding that Dhaliwal’s testimony regarding police visits to his house…

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