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110 F. App'x 36

Singh v. Ashcroft

U.S. Courts of Appeals

Decided September 17, 2004

U.S. Courts of Appeals · decided 2004-09-17

Applies 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Malhi v. Immigration & Naturalization Service · Hartooni v. Immigration & Naturalization Service · Manimbao v. Ashcroft

Decided 2004-09-17

¶1MEMORANDUM …

¶2Mohinder Pal Singh and his wife Gunjan Aulakh, natives and citizens of India, petition for review of the decision of the Board of Immigration Appeals (“BIA”) summarily affirming an immigration judge’s (“IJ”) order denying Singh’s application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for substantial evidence, Malhi v. INS, 336 F.3d 989, 992 (9th Cir.2003), and grant the petition for review.

¶3The IJ questioned Singh’s testimony, but did not make an explicit adverse credibility finding. An IJ’s implicit credibility observations made in passing do not constitute an adverse credibility finding. See Manimbao v. Ashcroft, 329 F.3d 655, 659-60 (9th Cir.2003).

¶4Based on the foregoing, we remand to the BIA so that it may make a specific finding regarding Singh’s credibility. See Hartooni v. INS, 21 F.3d 336, 343 (9th Cir.1994).

¶5PETITION FOR REVIEW GRANTED; REMANDED.

¶6This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

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