Singh

Singh v. Gonzales

Good Law
209 F. App'x 703
United States Court of Appeals for the Ninth CircuitDecember 5, 2006No. 04-70300California617 words

Opinion

Lead Opinion

MEMORANDUM **

Didar Singh petitions for review of the Board of Immigration Appeals’ (BIA) order affirming an immigration judge’s (IJ) denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The BIA order relied on the IJ’s reasoning and reviewed the IJ decision only for clear error. See 8 C.F.R. § 1003.1 (d)(3). We therefore look to the IJ’s decision “as a guide to what lay behind the BIA’s conclusion,” Kozulin v. INS, 218 F.3d 1112, 1115 (9th Cir.2000), and review the agency’s adverse credibility determination for substantial evidence. Lata v. INS, 204 F.3d 1241, 1245 (9th Cir.2000). 1 As substantial evidence does not support the agency’s determination, we grant the petition and remand.

1. Singh’s propensity to interrupt the interpreter does not support the agency’s adverse credibility finding. While perhaps annoying, such interruptions provided no reason to disbelieve Singh. Indeed, as the IJ recognized, Singh did not appear to recite memorized facts and did not avoid answering those questions he fully understood.

2. Singh provided consistent and credible testimony about his travel to Dubai for work, his two return…

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