U.S. Court of Appeals for the Ninth Circuit, 2004

Singh v. Ashcroft

Singh v. Ashcroft
U.S. Court of Appeals for the Ninth Circuit · Decided September 23, 2004 · Hawkins, Kozinski, Pregerson
109 F. App'x 930

Singh v. Ashcroft

Opinion of the Court

MEMORANDUM**

Substantial evidence supported the immigration judge’s finding, adopted and affirmed by the BIA, that Singh was not credible. See Alvarez-Santos v. INS, 332 F.3d 1245, 1254 (9th Cir. 2003). The immigration judge pointed to specific inconsistencies going to the heart of Singh’s claim. See Singh v. Ashcroft, 301 F.3d 1109, 1111-12 (9th Cir. 2002).

DENIED.

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.

Dissenting Opinion

PREGERSON, Circuit Judge,

dissenting.

We review the decision of the Board of Immigration Appeals (“BIA”); we do not review the decision of the immigration judge. See Cordon-Garcia v. I.N.S., 204 F.3d 985, 990 (9th Cir. 2000). The BIA’s opinion contains no express adverse credibility determination. If the BIA fails to make an explicit adverse credibility finding, we take as true the petitioner’s factual contentions. Kataria v. I.N.S., 232 F.3d 1107, 1114 (9th Cir. 2000). Absent an express adverse credibility determination, the BIA cannot require a petitioner to submit corroborating evidence, as it did here. Ladha v. I.N.S., 215 F.3d 889, 899-901 (9th Cir. 2000).

I would find that the BIA committed a clear error of law by requiring corroborating evidence. I would find that the petitioner’s testimony, taken as true, establishes past persecution and that it is more likely than not that the petitioner will be tortured if returned to India. Because the *931government has not argued that country conditions have changed, I would find that the petitioner is eligible for asylum, entitled to withholding of removal, and entitled to relief under the Convention Against Torture.

I respectfully dissent.

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