Filmon Itbark v. Loretta E. Lynch

MEMORANDUM

Filmon Estefanos Itbark, a native of Saudi Arabia and citizen of Eritrea, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“U”) decision denying his application for asylum, withholding of removal, and relief 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, applying the adverse credibility standards created by the REAL ID Act. Ren v. Holder, 648 F.3d 1079, 1083-84, 1089-90 (9th Cir. 2011). We grant petition for review and remand.

Substantial evidence does not support the agency’s adverse credibility determinar tion based on'two inconsistencies, evasiveness, and an implausibility finding. See id. at 1089 (adverse credibility finding not supported under the totality of circumstances). Further, the agency’s corroboration finding did not comply with the notice and opportunity requirements set forth in Ren v. Holder. See Zhi v. Holder, 751 F.3d 1088, 1095 (9th Cir. 2014) (IJ erred by not providing petitioner notice of the evidence that was required and an opportunity to explain why it might be…