Public-domain · open source
OpenJurist

72 F. App'x 596

Singh v. Ashcroft

U.S. Courts of Appeals

Decided July 30, 2003

U.S. Courts of Appeals · decided 2003-07-30

Applies 8 U.S.C. § 1105A (§ 106 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Immigration & Naturalization Service v. Ventura · Gui v. Immigration & Naturalization Service

Decided 2003-07-30

¶1MEMORANDUM

¶2Ajaib Singh, a native and citizen of India, petitions for review of the decision of the Board of Immigration Appeals dismissing his appeal from an immigration judge’s (“IJ”) denial of his application for asylum and withholding of deportation. We have jurisdiction under 8 U.S.C. § 1105a(a). Gui v. I.N.S., 280 F.3d 1217, 1221 (9th Cir.2002). We review credibility findings for substantial evidence. Id. at 1225. We grant the petition and remand.

¶3Despite finding Singh’s testimony consistent and his manner easy and unrehearsed, the IJ required Singh to provide corroborating documents. The IJ then found Singh not credible based on its conclusion that the documentary evidence did not verify his claims. Where allegations are otherwise unrefuted and credible, the IJ may not require corroboration of claims. See id. at 1227. Accordingly the IJ’s adverse credibility finding was not supported by substantial evidence. See id.

¶4We therefore grant the petition and remand for further proceedings on the merits of Singh’s application. See I.N.S. v. Ventura, 537 U.S. 12, 123 S.Ct. 353, 355, 154 L.Ed.2d 272 (2002) (per curiam).

¶5PETITION GRANTED and REMANDED.

¶6 This 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.

/72/fappx/596 · .json · Public domain