FILED
NOT FOR PUBLICATION MAR 17 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
SUKHDEV SINGH MANN, No. 13-70002
Petitioner, Agency No. A099-912-319
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 10, 2015**
Before: FARRIS, WARDLAW, and PAEZ, Circuit Judges.
Sukhdev Singh Mann, a native and citizen of India, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s decision denying his application for asylum, withholding of
removal, and protection under the Convention Against Torture (“CAT”). We have
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the
agency’s factual findings, applying the standards governing adverse credibility
determinations created by the REAL ID Act. Shrestha v. Holder, 590 F.3d 1034,
1039-40 (9th Cir. 2010). We grant the petition for review and remand.
Substantial evidence does not support the BIA’s adverse credibility
determination, because the alleged inconsistency the BIA relied on is not supported
by the record and the “omission” it relied on is not a specific and cogent reason to
find Mann not credible under the totality of the circumstances. See Lai v. Holder,
773 F.3d 966, 970-976 (9th Cir. 2014); see also Ren v. Holder, 648 F.3d 1079,
1089 (9th Cir. 2011) (adverse credibility determination was not supported under
the “totality of the circumstances”). Thus, we remand Mann’s asylum, withholding
of removal, and CAT claims on an open record for further proceedings consistent
with this disposition. See INS v. Ventura, 537 U.S. 12, 16-18 (2002) (per curiam);
see also Soto-Olarte, 555 F.3d 1089, 1095-96 (9th Cir. 2009).
PETITION FOR REVIEW GRANTED; REMANDED.
2 13-70002