Singh
Singh v. Mukasey
Opinion
Lead Opinion
MEMORANDUM *
Santokh Singh petitions for review of the orders of the Board of Immigration Appeals (“BIA”) that (1) affirmed the decision of an immigration judge (“IJ”) denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”) and ordering his removal to India, his country of citizenship; (2) denied his motion to the BIA to reopen his case; and (3) denied his motions to the BIA to reconsider its decision. We grant Singh’s petition for review of the BIA’s denial of his appeal, and, therefore, dismiss his petitions for review of the Board’s denial of his motions for reopening and reconsideration as moot.
1. Application for Asylum, Withholding and CAT Protection
We grant Singh’s petition for review of the BIA’s decision affirming the IJ’s denial of his application for asylum, withholding and CAT protection and remand for further proceedings. The BIA and IJ’s adverse determination regarding Singh’s credibility was not supported by substantial evidence. See Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002).
The BIA’s decision both adopted the IJ’s reasoning for his adverse credibility determination and added its own ground…