Clement C. Nwabueze v. U.S. Immigration and Naturalization Service

976 F.2d 737 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Clement C. NWABUEZE, Petitioner, v. U.S. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 91-70419. United States Court of Appeals, Ninth Circuit. Submitted Sept. 16, 1992. * Decided Sept. 24, 1992. Before EUGENE A. WRIGHT, FLETCHER and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 Clement C. Nwabueze, a citizen of Nigeria, challenges the denials of his petition for suspension of deportation and motion to reopen. We vacate the decision of the Board of Immigration Appeals (BIA), and remand for further proceedings. DISCUSSION I. CREDIBILITY DETERMINATION 3 After hearing Nwabueze testify, the immigration judge (IJ) found that Nwabueze lacked credibility. That finding played an important part in all of the BIA's rulings; we therefore address it as a preliminary issue. 4 Our review of credibility determinations is narrow in scope; we will uphold such assessments unless they lack substantial evidentiary support.…