Wijenayake
Wijenayake v. Holder
Opinion
Opinion
Asoka Abeysekera Wijenayake, his wife, Marie Ayona Kamalin Wijenayake, and their children, natives and citizens of Sri Lanka, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and we review de novo claims of due process violations in removal proceedings, Sharma v. INS, 89 F.3d 545, 547 (9th Cir.1996). We grant in part and deny in part the petition for review. '
Substantial evidence does not support the agency’s adverse credibility determination. See Lopez-Reyes v. INS, 79 F.3d 908, 911 (9th Cir.1996) (“It is well-settled that an applicant’s testimony is not per se lacking in credibility simply because it includes details that are not set forth in the asylum application.”); Li v. Holder, 559 F.3d 1096, 1103-07 (9th Cir.2009) (minor inconsistency insufficient to support adverse credibility determination).…