Dushi

MEMORANDUM *

Aleks Dushi (“Dushi”), a native and citizen of Albania, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . The BIA issued a written decision and adopted the IJ’s adverse credibility determination. We therefore review the BIA’s decision. See Baghdasaryan v. Holder, 592 F.3d 1018, 1022 (9th Cir.2010); see also Hosseini v. Gonzales, 471 F.3d 953, 957 (9th Cir.2006). We grant the petition and remand.

I. Credibility

Credibility determinations are reviewed under the substantial evidence standard. Soto-Olarte v. Holder, 555 F.3d 1089, 1091 (9th Cir.2009). Under the substantial evidence standard, credibility findings are upheld unless evidence compels a contrary result. See Don v. Gonzales, 476 F.3d 738, 741 (9th Cir.2007). The BIA must articulate a legitimate basis on which to question an applicant’s credibility and must offer specific and cogent reasons for any stated disbelief. See Gui v. INS, 280 F.3d 1217, 1225 (9th…

dissenting:

Aleks Dushi made crucial misrepresentations in his airport interview. In a sworn statement at the airport, he claimed that he had never been arrested. But at his hearing he claimed that he had been arrested three times by the Albanian police. At the airport, he stated he was living in Greece from 1997 to 2000 working at a bakery. But at his hearing he claimed that he left Greece in January 1998, and was in Albania in 1998 and 1999, where he was arrested, and later involved in a shooting. There were additional problems with Dushi’s testimony. Among other things, he claimed that in June 2001 he had been arrested by the chief of police, beaten, kicked, and cut with a knife on his right wrist, resulting in a one-inch wound which *243 bled heavily and required stitches. But no mention of this allegedly serious wound, the worst of his claimed injuries, appeared in the medical records that he submitted. Relying on this and other discrepancies, the BIA and IJ held that Dushi was not credible.

Our responsibility in reviewing the agency’s adverse credibility decision is a limited one. We are to determine whether the decision is supported by substantial evidence and we must…

FILED

NOT FOR PUBLICATION NOV 23 2010

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ALEKS DUSHI, No. 06-71272, 06-74597

Petitioner, Agency No. A079-433-494

v.

MEMORANDUM*

ERIC H. HOLDER, Jr., Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted October 8, 2010 Pasadena, California

Before: PREGERSON, D.W. NELSON and IKUTA, Circuit Judges.

Aleks Dushi (“Dushi”), a native and citizen of Albania, petitions for review

of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an

immigration judge’s (“IJ”) decision denying his application for asylum,

withholding of removal, and relief under the Convention Against Torture (“CAT”).

We have jurisdiction under 8 U.S.C. § 1252. The BIA issued a written decision

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. and adopted the IJ’s adverse credibility determination. We therefore review the

BIA’s decision. See…