Sylvester Owino v. Eric Holder, Jr.

Sylvester Otieno Owino, a native and citizen of Kenya, petitions for review of a decision of the Board of Immigration Appeals. He argues that the agency’s adverse credibility finding and denial of relief under the Convention Against Torture are not supported by substantial evidence. He also contends that the agency improperly declined to admit untimely filed evidence, violated his right to confidentiality, and deprived him of due process by admitting evidence of a government authenticity investigation.

We have jurisdiction under 8 U.S.C. § 1252 . We grant the petition and remand to the BIA for further proceedings.

I. FACTUAL AND PROCEDURAL BACKGROUND

Owino was admitted to the United States on a student visa in 1998. In 2003, he was convicted in California of robbery in the second degree. The following year, the Department of Homeland Security (“DHS”) initiated removal proceedings. See 8 U.S.C. §§ 1101 (a)(43)(G), 1227(a)(2)(A)(iii). Owino conceded remov-ability, but applied for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”).

A. Owino’s Initial Testimony

An immigration judge first held a merits hearing on Owino’s…