Singh

Singh v. Gonzales

Good Law
233 F. App'x 678
United States Court of Appeals for the Ninth CircuitMay 24, 2007No. 04-76349California350 words

Opinion

Lead Opinion

MEMORANDUM **

Gardawar Singh, a native and citizen of India, petitions for review of a Board of Immigration Appeals (“BIA”) decision adopting and affirming an Immigration Judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 .

Where the BIA adopts the IJ’s decision while adding its own reasons, we review both decisions. See Kataria v. INS, 232 F.3d 1107, 1112 (9th Cir.2000). We review for substantial evidence, see Shah v. INS, 220 F.3d 1062, 1067 (9th Cir.2000), and we deny the petition in part, grant in part, and remand.

Substantial evidence does not support the IJ’s adverse credibility determination because the omission of details in Singh’s application, along with the omission of details in his father’s declaration, are not sufficient to uphold an adverse credibility finding. See Bandari v. INS, 227 F.3d 1160, 1167 (9th Cir.2000).

The BIA made an alternative finding that, accepting Singh’s claim as true, the harm he experienced was not on account of a protected ground. Because Singh failed to present any evidence that the mistreatment by…

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