Singh

MEMORANDUM **

Bir Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) 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 . Reviewing for substantial evidence, Singh v. Gonzales, 439 F.3d 1100, 1105 (9th Cir. 2006), we grant the petition for review.

The IJ’s adverse credibility finding is not supported by substantial evidence. Id. First, the IJ failed to identify any inconsistency in Singh’s statements regarding his knowledge of Sikh militants who visited his temple. See Bandari v. INS, 227 F.3d 1160, 1167 (9th Cir.2000).

Second, inconsistent statements that Singh made as to the number of times the police contacted him prior to his first arrest are minor. See Mendoza Manimbao v. Ashcroft, 329 F.3d 655, 660 (9th Cir. 2003).

Third, Singh reasonably explained that his declaration does not state that he was in the hospital for one month but rather that he was “under treatment” for his injuries for one month, thus, Singh’s testimony and declaration are not…