Rohit Kumar v. Eric H. Holder Jr.

MEMORANDUM

Rohit Kumar, a native and citizen of India, petitions for review of an order by the Board of Immigration Appeals (BIA or Board) dismissing his appeal from an immigration judge’s (IJ) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). We assume the parties’ familiarity with the facts and do not recount them here, except as necessary to explain our decision. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We grant the petition for review and remand for further proceedings.

This court reviews adverse credibility determinations for substantial evidence, which means “the BIA’s determination must be upheld if it is supported by reasonable, substantial and probative evidence from the record.” Kumar v. Gonzales, 444 F.3d 1043, 1049 (9th Cir.2006). On review of agency credibility determinations, we apply a “rule-of-reason” analysis, which gives ample deference to the agency, but must take into account the “totality of the circumstances.” Shrestha v. Holder, 590 F.3d 1034, 1044 (9th Cir.2010). This court “independently review[s] each ground the IJ cites in support of an adverse credibility finding.”…