Kado

Kado v. Holder

Good Law
356 F. App'x 21
United States Court of Appeals for the Ninth CircuitNovember 13, 200905-71025California857 words

Opinion

Opinion

MEMORANDUM

Cajetan Dominic Kado (“Kado”), a citizen of Fiji, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We grant the petition and remand for further proceedings.

The BIA affirmed the Immigration Judge’s (“IJ”) adverse credibility finding. While the BIA reviewed the IJ’s decision for clear error, it did not adopt the IJ’s decision as its own. Rather, the BIA identified several specific reasons for affirming the IJ’s adverse credibility determination. In this situation, we review the reasons explicitly identified by the BIA, as well as the reasoning articulated in the IJ’s decision in support of those stated reasons; we will not, however, “review those parts of the IJ’s adverse credibility finding that the BIA did not identify as ‘most significant’ and did not otherwise mention.” Tekle v. Mukasey, 533 F.3d 1044, 1051 (9th Cir. 2008).

Substantial evidence does not support the BIA’s conclusion that Kado provided “substantially different motives for his May 1987 arrest and detention in his personal statement and his testimony.”…

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