Amiri

MEMORANDUM

Ali Amiri, a native and citizen of Iran, petitions for review of two decisions of the Board of Immigration Appeals (“BIA”). We have jurisdiction under 8 U.S.C. § 1252 .

Petition No. 05-74938

In this first petition, the BIA summarily affirmed an immigration judge’s (“IJ”) decision to deny Amiri’s application for asylum and withholding of removal on the basis of an adverse credibility finding. The BIA also implicitly denied Amiri’s motion to reopen and remand for relief under the Convention Against Torture (“CAT”). Reviewing the adverse credibility finding for substantial evidence, Soto-Olarte v. Holder, 555 F.3d 1089, 1091 (9th Cir.2009), and the denial of the motion to reopen for abuse of discretion, Franco-Rosendo v. Gonzales, 454 F.3d 965, 966 (9th Cir.2006), we grant the petition for review.

The IJ denied Amiri’s application for asylum and withholding of deportation based on an adverse credibility finding. This finding was, in turn, based on supposed inconsistencies regarding Amiri’s attempts to convert from Islam to Judaism. These inconsistencies were not true inconsistencies, see Zahedi v. INS, 222 F.3d 1157, 1167-68 (9th Cir.2000), were trivial, see Kaur v.…