Reynoso

MEMORANDUM

O’Brien Hernán Reynoso (“Reynoso”), a native and citizen of Peru, petitions for review from the Board of Immigration Appeals (“BIA”) decision adopting and affirming the Immigration Judge’s (“IJ”) denial of Reynoso’s application for asylum, withholding of removal, relief under the Convention Against Torture (“CAT”), and cancellation of removal. Reynoso does not challenge the BIA’s denial of his CAT and cancellation of removal decisions. He contends that the BIA erred in adopting and affirming the IJ’s denials of asylum and withholding of removal because the decisions were based on the IJ’s flawed adverse credibility determination. Because the agency’s reasoning is not clear, we grant the petition, vacate the BIA’s decision, and remand.

The IJ denied Reynoso’s asylum claim for two reasons: (1) an adverse credibility determination and (2) because, “even if [Reynoso] were credible, he has not shown that any of the past harm that he’s faced or any future harm would be on account of one of the enumerated grounds.” The BIA, citing Matter of Burbano, 20 I & N Dec. 872 (BIA 1994), affirmed the IJ’s decision, but explicitly disclaimed the IJ’s credibility finding, stating,…