Nandha
Nandha v. Gonzalez
Opinion
Lead Opinion
MEMORANDUM *
Sohan Singh Nandha petitions for re *876 view of an order by the Board of Immigration Appeals (“BIA”) affirming the Immigration Judge’s (“IJ”) denial of Nandha’s applications for asylum and other relief.
The IJ’s conclusory statement about the credibility of Nandha’s claim 1 is not sufficiently clear or specific to constitute an adverse credibility ruling. See Mendoza Manimbao v. Ashcroft, 329 F.3d 655, 660 (9th Cir.2003) (rejecting adverse credibility inference where “IJ neither found Petitioner credible nor remained completely silent as to his credibility”). The BIA also failed to address credibility. Nandha is entitled to a presumption of credibility on appeal. See Briones v. INS, 175 F.3d 727, 730 (9th Cir.1999) (en banc).
Nandha’s testimony compels us to conclude that he demonstrated past persecution on account of actual or imputed political opinion. Nandha’s attempt to participate as a witness in a police-misconduct inquiry in December 2001 was at least a partial motivation for the actions by the police. 2 See Grava v. INS, 205 F.3d 1177, 1181 (9th Cir.2000) (“Refusal to accede to government corruption can constitute a political opinion for purposes of…