Kumar

Kumar v. Gonzales

Good Law
236 F. App'x 249
United States Court of Appeals for the Ninth CircuitMay 8, 2007No. 04-71979California969 words

Opinion

Lead Opinion

MEMORANDUM *

Vijay Kumar, a native and citizen of Fiji of Indian descent, timely petitions for review of a Board of Immigration Appeals (“BIA”) order summarily affirming Immigration Judge (“IJ”) Thomas Y.K. Fong’s order of removal. The parties are familiar with the facts of this case, and we do not repeat them here. We have jurisdiction under 8 U.S.C. § 1252 . We grant the petition and remand to the BIA for further proceedings consistent with this disposition.

A. Adverse Credibility Determination

Kumar first contends that the IJ’s adverse credibility determination is unsupported by substantial evidence. We agree.

First, Kumar’s confusion about when he began to drive a taxi is a minor discrepancy that does not go to the heart of his asylum claim. See Vilario-Lopez v. INS, 852 F.2d 1137, 1142 (9th Cir.1988) (“Minor inconsistencies in the record such as discrepancies in dates which reveal nothing about an asylum applicant’s fear for his safety are not an adequate basis for an adverse credibility finding.”) Furthermore, given the sheer number of times indigenous Fijians robbed Kumar, his confusion about the number of robberies is minor. His uncertainty about the exact number does…

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