Singh

Singh v. Mukasey

Good Law
279 F. App'x 582
United States Court of Appeals for the Ninth CircuitMay 27, 2008No. 05-72699California393 words

Opinion

Lead Opinion

MEMORANDUM **

Mohinder 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 (“U”) decision denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 .

Where, as here, the BIA adopts and affirms the IJ’s decision while adding its own reasons, we review both decisions. See Nuru v. Gonzales, 404 F.3d 1207, 1215 (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 Singh’s petition for review and remand.

In his opening brief, Singh fails to address, and therefore has waived, any challenge to the agency’s determination that his asylum application was untimely. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996). Accordingly, we do not consider Singh’s asylum claim.

Substantial evidence does not support the IJ’s adverse credibility determination. See Bandari v. INS, 227 F.3d 1160, 1166-68 (9th Cir.2000). The agency’s credibility finding regarding Singh’s alleged unfamiliarity…

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