Soto-Olarte

Jorge Arturo Soto-Olarte and his wife Maria Jesus Esteves-La Torre petition for review of the Board of Immigration Appeals’ (“BIA”) opinion dismissing then-appeal of an immigration judge’s (“IJ”) denial of their petitions for asylum, withholding of removal, and protection under the United Nations Convention Against Torture (“CAT”). We grant the petition for review and remand this case to the BIA for further proceedings, but we hold that on remand the BIA need not necessarily deem Soto-Olarte credible.

I

Jorge Arturo Soto-Olarte (“Soto-Olarte”), and his wife Maria Esteves-La Torre (“La Torre”), natives and citizens of Peru, sought asylum and withholding of removal based on alleged persecution by the terrorist organization Shining Path. The incident central to Soto-Olarte’s claim occurred on June 19, 2008. According to Soto-Olarte’s testimony, two members of the Shining Path broke into his house in Peru, while two other Shining Path members remained outside. Soto-Olarte fired his gun in the air, triggering his car alarm, and the four individuals fled.

Soto-Olarte submitted a police report mentioning this incident, but the report as produced by the police differs from…