Sharma

MEMORANDUM

Kumari Puspa Sharma, a native and citizen of Nepal, petitions for review of the Board of Immigration Appeals’s summary affirmance of an Immigration Judge’s (IJ’s) decision denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). Exercising jurisdiction under 8 U.S.C. § 1252 , we grant the petition for review and remand to the agency for two reasons. ■ First, the IJ’s assessment of Sharma’s testimony ignored important record evidence relating to the discrepancy on which the IJ based her adverse credibility finding. Second, the IJ should not have sought an additional investigation of the documentary evidence that Sharma submitted to corroborate her claim.

1. The IJ rejected Sharma’s asylum and withholding claims after finding her not credible. Adverse credibility determinations are reviewed for substantial evidence. Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002). Under this standard of review, the IJ’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). Our review must consider “the record as a…