Swe

MEMORANDUM

Kyi Kyi Swe, a native and citizen of Burma, petitions for review of a decision by the Board of Immigration Appeals (“BIA”) affirming the decision of an immigration judge (“IJ”) finding her not credible and denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. Because the BIA adopted the IJ’s decision as the final agency determination, we review the IJ’s decision directly. See Mashiri v. Ashcroft, 383 F.3d 1112, 1118 (9th Cir.2004). We grant the petition and remand.

Although the IJ found Swe incredible based on seven purported inconsistencies in her testimony, none are based on substantial evidence. See Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002). The IJ erred by failing to take into account the context of individual statements, failing to confront Swe concerning some alleged inconsistencies, see Campos-Sanchez v. INS, 164 F.3d 448, 450 (9th Cir.1999), failing to respond to explanations of alleged inconsistencies, see Soto-Olarte v. Holder, 555 F.3d 1089, 1091 (9th Cir.2009), and finding inconsistencies between Swe’s testimony and his own mere speculation and…