Singh

Singh v. Gonzales

Good Law
182 F. App'x 676
United States Court of Appeals for the Ninth CircuitMay 18, 2006No. 04-75700; Agency No. A79-588-792California691 words

Opinion

Lead Opinion

MEMORANDUM **

Amarjit Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ dismissal of his appeal from an immigration judge’s (“IJ”) denial of his application for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . Because the BIA adopted the IJ’s decision in part and gave reasons of its own, we review both decisions. See Kataria v. INS, 232 F.3d 1107, 1112 (9th Cir.2000). We review for substantial evidence, Njuguna v. Ashcroft, 374 F.3d 765, 769 (9th Cir.2004), and grant the petition for review in part, deny it in part, and remand for farther proceedings.

The BIA adopted the IJ’s adverse credibility finding, and we therefore review the IJ’s adverse credibility finding. See Shah v. INS, 220 F.3d 1062, 1067 (9th Cir.2000). The IJ found that Singh’s testimony was not inconsistent but he failed to state with specificity the inconsistencies, see Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002), or give Singh an opportunity to explain the purported inconsistencies, see Guo v. Ashcroft, 361 F.3d 1194, 1200 (9th Cir.2004) (reversing negative credibility finding…

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