Jaswinder Singh v. Eric H. Holder Jr.

MEMORANDUM

Petitioner Jaswinder Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ order denying his application for asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction over this appeal pursuant to 8 U.S.C. § 1252 (a)(1), and we grant the petition for review.

The Board of Immigration Appeals affirmed the immigration judge’s order without discussion, thus we review the substance of the immigration judge’s order. Falcon Carriche v. Ashcroft, 350 F.3d 845 (9th Cir.2003). The IJ erred when she found Singh’s testimony inconsistent and implausible, and therefore the record compels finding Singh’s testimony, credible. Kaur v. Ashcroft, 379 F.3d 876, 890 (9th Cir.2004) (holding that an adverse credibility determination is overturned only if each proffered reason for the determination fails).

First, the IJ erred when she found that Singh’s testimony was inconsistent with his interview at the Asylum Office. That interview was not a part of the record and thus cannot support the IJ’s ruling. See Singh v. Gonzales, 403 F.3d 1081, 1089 (9th Cir.2005) (rejecting an IJ’s reliance on an interview at…