Mohammed Nuruzzaman v. Eric Holder, Jr.

MEMORANDUM

Mohammed Nuruzzaman, a native and citizen of Bangladesh, petitions for review of the Board of Immigration Appeals’ (BIA) decision affirming the Immigration Judge’s (IJ) denial of his applications for asylum and withholding of deportation. Nuruzzaman challenges the IJ’s adverse credibility finding and the exclusion of two of his documents. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we grant the petition and remand to the BIA.

Where, as here, the BIA summarily affirms the IJ without opinion, we review the IJ’s decision. Perez v. Mukasey, 516 F.3d 770, 773 (9th Cir.2008). Nuruzzaman filed his asylum application before the effective date of the REAL ID Act. REAL ID Act, Pub.L. No. 109-13, § 101 (h) (2005). Therefore, the pre-REAL ID Act standards govern our review of the IJ’s adverse credibility finding. Therefore, “minor inconsistencies that do not go to the heart of an applicant’s claim for asylum cannot support an adverse credibility determination.” Kaur v. Gonzales, 418 F.3d 1061, 1064 (9th Cir.2005).

The IJ pointed to two main inconsistencies to support her adverse credibility finding. Nuruzzaman initially testified that Bangladesh’s national…