FILED
NOT FOR PUBLICATION APR 19 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JASWANT SINGH, No. 05-74907
Petitioner, Agency No. A073-416-143
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted February 12, 2010
San Francisco, California
Before: GOODWIN, BERZON and IKUTA, Circuit Judges.
Petitioner Jaswant Singh (“Petitioner”) appeals the denial of his application
for asylum, withholding of deportation, and relief under the United Nations
Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252(a)(1).
We grant the petition and remand.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
The Board of Immigration Appeals adopted the Immigration Judge’s (“IJ”)
opinion without comment, and therefore we review the IJ decision. See Gui v. INS,
280 F.3d 1217, 1225 (9th Cir. 2002). “We review an adverse credibility finding
under the substantial evidence standard. . . . Although the substantial evidence
standard is deferential, the IJ must provide a specific cogent reason for the adverse
credibility finding.” Id. (internal quotation marks and citations omitted).
The IJ found that Petitioner did not make a credible application because
Petitioner’s allegations that he participated in informational activities on behalf of
the Akali Dal (Mann) political party, and that he was arrested and tortured, were
not credible.
Regarding Petitioner’s allegation that he participated in informational
activities on behalf of the Akali Dal (Mann) political party, the IJ found
Petitioner’s testimony so vague that it made his allegations not credible. However,
Petitioner’s testimony was not vague. He was able to list other factions of the
Akali Dal party, state the number of seats won by Akali Dal (Mann) candidates,
name some of the winning candidates, describe his participation in rallies, and
explain a boycott of one election. Thus, substantial evidence does not support this
adverse credibility finding.
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Regarding Petitioner’s allegation that he was arrested and tortured, the IJ
found it implausible that Petitioner was so involved with the Akali Dal (Mann)
political party that one month after Petitioner’s return to India he was arrested and
tortured. The IJ also found that affidavits from villagers who witnessed
Petitioner’s arrest were entitled to little or no evidentiary weight because the
affiants were illiterate and could not have known what was written in the affidavit.
The IJ further found that letters written by Akali Dal (Mann) officials on behalf of
Petitioner actually undermine Petitioner’s allegation.
As discussed above, Petitioner has shown that he was involved with the
Akali Dal (Mann) political party. Moreover, Petitioner alleged that he was arrested
and tortured in part because he filed a complaint against the police. Thus, he need
not have been deeply involved in politics or present in India for more than a month
for this allegation to be plausible. Furthermore, the affidavits from the witnesses to
Petitioner’s arrest contained notary public certifications that the affidavits were
read to the affiants and accepted as correct. Therefore, the IJ should have
considered the affidavits. Finally, the IJ correctly found that the letters from the
Akali Dal (Mann) officials do not corroborate Petitioner’s allegation. However,
the letters omit, rather than contradict, Petitioner’s alleged arrest and torture.
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Therefore the letters do not undermine Petitioner’s allegation. Thus, substantial
evidence does not support this adverse credibility finding.
PETITION FOR REVIEW GRANTED; REMANDED.
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