Iqbal v. Ashcroft
Docket: No. 03-70609; Agency No. A76-360-197
Court: Court of Appeals for the Ninth Circuit; August 27, 2004; Federal Appellate Court
Mohammed Saoib Iqbal, a Pakistani national, petitions for review of the Board of Immigration Appeals' (BIA) affirmation of the Immigration Judge's (IJ) denial of his asylum application and withholding of removal. The court has jurisdiction under 8 U.S.C. § 1252 and reviews adverse credibility determinations for substantial evidence. Iqbal claimed he was arrested and beaten by Pakistani police due to his membership in the Pakistan People’s Party (PPP) and his political views. The IJ's adverse credibility finding relied on a minor inconsistency regarding the date he joined the PPP, his inability to correctly state the number of parliamentary seats needed for Pakistan's 1997 presidential election, and his omission of details about being cut during his first arrest. The IJ's conclusions were also based on speculative reasoning regarding Iqbal's motivations for joining the PPP, his capacity to endure injuries, and police targeting, which the court found insufficient as substantial evidence. The court determined that the IJ's findings did not adequately support the adverse credibility determination. Consequently, the petition for review is granted, and the case is remanded to the BIA to assess whether Iqbal meets the criteria for asylum or withholding of removal, considering his testimony as credible. The court does not address the constitutional question regarding the fairness of the hearing. The decision is not subject to publication or citation in this circuit except as allowed by Ninth Circuit Rule 36-3.