Singh

MEMORANDUM **

Sarabjit Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an Immigration Judge’s (“IJ”) decision denying Singh’s applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the IJ’s and BIA’s denial of petitioner’s claims on the basis of an adverse credibility finding, and we grant the petition for review, and remand. See Malhi v. INS, 336 F.3d 989, 992 (9th Cir.2003).

The IJ’s adverse credibility determination is not supported by substantial evidence. The IJ and BIA failed to adequately consider whether Singh, who had previously found been credible during an asylum interview, suffered from translation difficulties during his merits hearing. See He v. Ashcroft, 328 F.3d 593, 598 (9th Cir.2003) (“Even where there is no due process violation, faulty or unreliable translations can undermine the evidence on which an adverse credibility determination is based”); see also Turcios v. INS, 821 F.2d 1396, 1400 (9th Cir.1987); Paredes-Urrestarazu v. INS, 36 F.3d…