Goldtooth

background). We have jurisdiction under 28 U.S.C. § 1291 and reverse and

remand to the agency for further proceedings.

We review de novo the district court’s grant of summary judgment. Bedoni

v. Navajo-Hopi Relocation Comm’n, 878 F.2d 1119, 1122 (9th Cir. 1989). We

may reverse “only if the agency action was arbitrary, capricious, an abuse of

discretion, not in accordance with law, or unsupported by substantial evidence.”

Id. (citing 5 U.S.C. § 706(2)). “[A]n adverse credibility finding must be supported

by specific, cogent reasons, and cannot be based on speculation and conjecture.”

Beam v. Off. of Navajo & Hopi Indian Relocation, 624 F. Supp. 3d 1069, 1077 (D.

Ariz. 2022) (quoting Shire v. Ashcroft, 388 F.3d 1288, 1295 (9th Cir. 2004)).

“When the decision of an [independent hearing officer (“IHO”)] rests on a negative

credibility evaluation, the [IHO] must make findings on the record and must

support those findings by pointing to substantial evidence on the record.” Id. at

1076 (quoting Ceguerra v. Sec’y of Health & Hum. Servs., 933 F.2d 735, 738 (9th

Cir. 1991)).

The IHO’s finding that Tony Goldtooth was not credible in part was not

supported by substantial…