Surjit Singh Mahil v. ERIC H. HOLDER, Jr., Attorney General

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SURJIT SINGH MAHIL,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-71266
Agency No. A072-109-786
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 26, 2012**
Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges.
Surjit Singh Mahil, a native and citizen of India, petitions pro se for review
of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s (“IJ”) decision denying his application for asylum,
withholding of removal, and protection under the Convention Against Torture
FILED
JUL 09 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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(“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial
evidence factual findings, including the agency’s adverse credibility findings.
Tekle v. Mukasey, 533 F.3d 1044, 1051 (9th Cir. 2008). We grant the petition for
review, and we remand.
The IJ found Mahil not credible because his testimony regarding ongoing
police interest lacked detail. On the same issue, the IJ found Mahil’s asylum
application omitted this police interest, and he further faulted Mahil for not filing a
supplemental statement. Substantial evidence does not support the IJ’s adverse
credibility finding because Mahil did not learn of the police interest until after he
filed his application, he did not know much about it given his lack of personal
knowledge, and it did not form the basis of his past persecution claim. See Chen v.
Ashcroft, 362 F.3d 611, 620 (9th Cir. 2004). In addition, substantial evidence does
not support the perceived inconsistencies the IJ noted in summarizing Mahil’s
account, including the year and date of Mahil’s first arrest and his failure to seek
medical treatment. See Tekle, 533 F.3d at 1052 (rejecting inconsistency finding
regarding duration of beating because IJ misunderstood or misremembered
testimony); Bandari v. INS, 227 F.3d 1160, 1165-66 (9th Cir. 2000) (inconsistency
in date of beating insufficient to support adverse credibility finding); Jibril v.
Gonzales, 423 F.3d 1129, 1136 (9th Cir. 2005) (rejecting implausibility findings

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regarding petitioner’s stoicism and stamina as speculative where IJ did not point to
record evidence contradicting petitioner’s account).
Because the IJ’s adverse credibility determination is not supported, Mahil
was not required to provide corroboration. See Joseph v. Holder, 600 F.3d 1235,
1246 (9th Cir. 2010).
It is unclear from the IJ’s decision whether–apart from his adverse
credibility finding–he alternatively denied Mahil’s claims on the merits. See
Recinos de Leon v. Gonzales, 400 F.3d 1185, 1194 (9th Cir. 2005) (remanding
because “[w]e will not guess at the theory underlying the IJ’s . . . opinion”)
(internal citation and quotations omitted); Movsisian v. Ashcroft, 395 F.3d 1095,
1098 (9th Cir. 2005) (remanding where court was “left without a reasoned decision
to review”).
Accordingly, we grant the petition with respect to Mahil’s asylum,
withholding of removal, and CAT claims, and we remand, deeming Mahil credible,
for further proceedings consistent with this disposition. See INS v. Ventura, 537
U.S. 12, 16-18 (2002) (per curiam); Joseph, 600 F.3d at 1247.
PETITION FOR REVIEW GRANTED; REMANDED.

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