Cheema

Cheema v. Holder

Good Law
375 F. App'x 777
United States Court of Appeals for the Ninth CircuitApril 14, 2010No. 06-71845California316 words

Opinion

Lead Opinion

MEMORANDUM **

Varinder Singh Cheema, a native and citizen of India, petitions pro se for review of a Board of Immigration Appeals (“BIA”) order dismissing his appeal from an immigration judge’s 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.

Substantial evidence does not support the agency’s adverse credibility determination because the discrepancy between Cheema’s testimony and his asylum application with respect to the length of his 1996 detention did not enhance his claim, see Singh v. Ashcroft, 362 F.3d 1164, 1171 (9th Cir.2004), and the discrepancy was not accompanied by other indications of dishonesty such as a pattern of clear and pervasive inconsistency or contradiction, see Don v. Gonzales, 476 F.3d 738, 742 (9th Cir.2007) (holding discrepancies that do not enhance a claim may be considered when accompanied by other indications of dishonesty).

Further, even if substantial evidence supports the agency’s alternate finding…

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