Singh

Singh v. Mukasey

Good Law
276 F. App'x 647
United States Court of Appeals for the Ninth CircuitMay 1, 2008No. 05-72623California316 words

Opinion

Lead Opinion

MEMORANDUM **

Gurinder Singh, native and citizen of India, petitions for review of a Board of Immigration Appeals (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 .

Where, as here, the BIA adopts and affirms the IJ’s findings and reasoning, we review the IJ’s decision as if it were that of the BIA. See Abebe v. Gonzales, 432 F.3d 1037, 1039 (9th Cir.2005). We review for substantial evidence, reversing only if the evidence compels the result. INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We grant the petition for review and remand.

The inconsistencies, assuming they exist, between Singh’s application and his hearing testimony regarding the police’s statement to his father, and the amount of time he lived in Bombay, either do not enhance his claims, or are minor and do not go to the heart of his claims. See Wang v. Ashcroft, 341 F.3d 1015, 1021-22 (9th Cir. 2003). The IJ’s doubts about the note from Singh’s doctor were purely conjeetur *648 al, and the…

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