Amandeep Singh v. Jefferson Sessions

I would grant the petition. Although there may be other bases for an adverse credibility finding, the factors actually relied upon by the Immigration Judge (“IJ”) and Board of Immigration Appeals (“BIA”) do not constitute substantial evidence supporting the finding.1 And we must review the agency’s reasoning, not what it might have said. See, e.g., Recinos De Leon v. Gonzales, 400 F.3d 1185, 1189 (9th Cir. 2005).

First, as the majority recognizes, central reasons given by the BIA for approving the adverse credibility determination should not have.been considered. Lack of adherence to Sikh…