Sandhu

Sandhu v. Gonzales

Good Law
236 F. App'x 312
United States Court of Appeals for the Ninth CircuitJune 6, 2007No. 03-70347California307 words

Opinion

Lead Opinion

MEMORANDUM **

Parvinder Singh Sandhu is a native and citizen of India. Sandhu petitions for review of the Board of Immigration Appeals’ (“BIA”) decision that denied his appeal of the Immigration Judge’s (“IJ”) order denying his application for asylum, and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 .

Where, as here, the BIA reviews the IJ’s decision de novo and issues its own decision, our review is limited to the BIA’s decision. See Shah v. INS, 220 F.3d 1062, 1067 (9th Cir.2000). We review for substantial evidence an adverse credibility determination, Kaur v. Ashcroft, 379 F.3d 876, 884 (9th Cir.2004), and we grant the petition and remand.

The BIA’s adverse credibility determination relied upon a minor inconsistency and an omission that do not go to the heart of Sandhu’s claim, and on other improper factors. See Bandari v. INS, 227 F.3d 1160, 1165-68 (9th Cir.2000); see also Wang v. Ashcroft, 341 F.3d 1015, 1021-22 (9th Cir.2003) (rejecting inconsistencies *313 that were not material to the heart of petitioner’s claim). Accordingly, the BIA’s adverse credibility determination is not supported by substantial evidence. See Bandari, 227 F.3d at 1165-66…

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