Khan

Khan v. Gonzales

Good Law
237 F. App'x 223
United States Court of Appeals for the Ninth CircuitJune 13, 2007No. 04-72111California422 words

Opinion

Lead Opinion

MEMORANDUM **

Sohail Ahmed Kahn (“Khan”) seeks review of the Board of Immigration Appeals’ summary affirmance of the immigration judge’s (“IJ”) denial of his application for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We grant the petition and remand.

The IJ’s adverse credibility determination is not supported by substantial evidence. Khan’s failure to know the national size of the Pakistan People’s Party (“PPP”) or the details of Pakistan’s political history prior to the events giving rise to his claim are not issues that go to the heart of his asylum claim. See Singh v. *225 Ashcroft, 301 F.3d 1109, 1113 (9th Cir.2002). The IJ also engaged in impermissible speculation by finding it “implausible” that Khan would carry his national identification card when fleeing Pakistan or that he would be able to recover from police beatings with two days of rest rather than medical treatment. See Shire v. Ashcroft, 388 F.3d 1288, 1296-97 (9th Cir.2004); Bandari v. INS, 227 F.3d 1160, 1166-67 (9th Cir.2000).

The State Department Report generally corroborates Khan’s testimony, and the IJ failed to identify any specific contradictions between the…

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