Muriuki

MEMORANDUM

Petitioners James Mwangi Muriuki and Anna Wamuyu Mwangi petition for review of the Board of Immigration Appeals’ (“BIA”) March 7, 2006 decision. For the reasons stated below, we grant and remand in each case.

1. James Muriuki

Factual determinations by the BIA are reviewed for “substantial evidence.” Shirazi-Parsa v. INS, 14 F.3d 1424, 1427 (9th Cir.1994). Where the BIA relies on an adverse credibility finding to deny an asylum application, the BIA must provide a “legitimate articulable basis” for its findings and must offer “a specific, cogent reason for any stated disbelief.” Shah v. INS, 220 F.3d 1062, 1067 (9th Cir.2000) (internal quotation marks and citations omitted). An adverse credibility finding “is improper when an IJ fails to address a petitioner’s explanation for a discrepancy or inconsistency.” Kaur v. Ashcroft, 379 F.3d 876, 887 (9th Cir.2004).

Here, the IJ and the BIA relied on a number of alleged inconsistencies and implausibilities in Mr. Muriuki’s testimony to support the adverse credibility finding, but they failed to address Mr. Muriuki’s explanations. For example, the IJ and the BIA found the story of the 1998 attack on Mrs. Mwangi contained…