Singh
Singh v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Jai Deep Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of the Immigration Judge’s (“IJ’s”) denial of his applications for asy *249 lum, withholding of removal, and relief under the Convention Against Torture (“CAT”). As the parties are aware of the facts of the case, we do not recite them here. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we grant the petition for review. We review adverse credibility findings for substantial evidence. Kaur v. Ashcroft, 379 F.3d 876, 884 (9th Cir.2004). Substantial evidence did not support any of the Id’s stated reasons for finding Singh not credible. The IJ based the adverse credibility finding only on impermissible grounds, including personal conjecture and speculation. Id. at 884-90 .
Taking Singh’s testimony as true, he was arrested, detained, and severely beaten by Indian police because he was suspected of supporting Sikh militants. The record compels the conclusion that the Indian police did not have a legitimate prosecutorial motive for Singh’s second arrest, and they persecuted him on account of imputed political opinion. See Singh v.…