Singh

MEMORANDUM **

Balbir Singh, a native and citizen of India, petitions for review of the decision of the Board of Immigration Appeals (BIA) affirming the denial by an immigration judge (IJ) of his application for asylum, withholding of removal and protection under the Convention Against Torture (CAT). We have jurisdiction under 8 U.S.C. § 1252 . We grant the petition for review and remand.

The BIA rejected the IJ’s conclusion that Singh submitted a frivolous claim, but adopted and affirmed the IJ’s adverse credibility determination. We limit our review to the BIA’s decision, except to the extent the IJ’s opinion is expressly adopted. Cordon-Garcia v. I.N.S., 204 F.3d 985, 990 (9th Cir.2000).

We review an adverse credibility determination for substantial evidence. Singh v. Ashcroft, 367 F.3d 1139, 1143 (9th Cir. 2004).

The IJ’s adverse credibility determination is not supported by substantial evidence. The record belies the IJ’s findings that Singh was nonresponsive and that his testimony conflicted with the evidence regarding the extent of his political activity, his past voting record, his reason for joining a political party, and the events leading to a March 15, 1997,…