Singh

Singh v. Mukasey

Good Law
288 F. App'x 420
United States Court of Appeals for the Ninth CircuitAugust 5, 2008No. 04-75530California293 words

Opinion

Lead Opinion

*421 MEMORANDUM **

Jarnail Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) decision denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture. Our jurisdiction is governed by 8 U.S.C. § 1252 . We grant the petition for review and remand.

Reviewing for substantial evidence, Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004), we conclude that the IJ’s adverse credibility determination is not adequately supported. The IJ failed to address Singh’s explanation for the discrepancy about whether he returned to the United States in May or July 2002. See Rajinder Singh v. Gonzales, 439 F.3d 1100, 1106 (9th Cir.2006). Moreover, the IJ did not discuss the full contents of Exhibit 3, which includes a doctor’s letter containing the dates Singh claimed to be in an Indian hospital in 2001 and 2002. Because the adverse credibility finding is insufficiently supported, Singh was not required to provide further corroboration. See id. at 1109 .

The IJ’s alternative merits determination is not supported by substantial evidence because the IJ…

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