Kumar

Kumar v. Gonzales

Good Law
185 F. App'x 617
United States Court of Appeals for the Ninth CircuitJune 16, 2006No. 04-75045California335 words

Opinion

Lead Opinion

MEMORANDUM **

Harish Kumar, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming an Immigration Judge’s (“IJ”) denial of his applications for asylum and withholding of removal, and request for relief under the Convention Against Tor *618 ture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence an adverse credibility finding and will uphold the IJ’s decision unless the evidence compels a contrary conclusion. Malhi v. INS, 336 F.3d 989, 992-93 (9th Cir.2003). We grant the petition and remand.

Substantial evidence does not support the IJ’s adverse credibility determination. First, Kumar consistently testified that although he was born Hindu, he had attended a Sikh gudwara since the age of twelve. See Chen v. Ashcroft, 362 F.3d 611, 618 (9th Cir.2004) (no basis for adverse credibility finding where petitioner testified consistently and gave logical explanation for perceived discrepancy). Second, the IJ’s speculation regarding whether police would accept a bribe to give Kumar clearance to leave the country and whether they would cease harassing him for the period between his two…

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