Tsion M. Kahssai v. Immigration and Naturalization Service

concurring:

Kahssai’s asylum claim is based upon the arrests and killings of her father and brother, the detention of her mother, and her own forcible assumption of a new identity. The BIA was unconvinced by her claim, finding that (1) political conditions had changed in Ethiopia, (2) her testimony lacked credibility, and (3) even if her family had suffered persecution, Kahssai herself had not. In light of these findings, it ruled that Kahssai had not established her statutory eligibility for asylum.

In our per curiam opinion, we remand this case to correct the BIA’s erroneous use of administrative notice. We express no opinion on the other issues involved in Kahssai’s asylum claim. Nevertheless, I believe that some indication of our views might be helpful to the BIA. Accordingly, I write separately to make clear my own disagreement with the BIA’s assessment of the issues of credibility and persecution in this case.

I.

The BIA adopted the IJ’s credibility determination, stating that the “[a]fter a careful review of the record, we find that there is no adequate basis for overturning the immigration judge’s adverse credibility finding.” It should be noted, however, that while…

Petitioner Tsion Kahssai applied for asylum, 8 U.S.C. § 1158 , and withholding of deportation, 8 U.S.C. § 1253 (h). The immigration judge (IJ) denied Kahssai’s application, and the Board of Immigration Appeals (BIA) affirmed the denial. The BIA issued its ruling in a short opinion in which administrative notice was taken of political changes in Ethiopia that had occurred subsequent to Kahssai’s deportation hearing. We have jurisdiction over Kahssai’s appeal of the BIA ruling, 8 U.S.C. § 1105a(a)(1), and we grant her petition for review in accordance with Sarria-Sibaja v. INS, 990 F.2d 442 (9th Cir.1993).

*324 I.

At a March 1990 deportation hearing before an immigration judge, Tsion Kahssai, her sister Dell Kahssai, and her two brothers, Abraham and Atsbaha Kahssai, testified as follows: 1 Kahssai was bom in Addis Aba-ba, Ethiopia in 1971 to a family of Ethiopian Jews. Her father, a merchant from Eritrea, was arrested, tortured, and killed in April 1974 during the Communist revolution. The new Communist government believed that he was an Eritrean rebel, and was suspicious of him because of his Jewish background. His family members were told that he had died of a heart attack.…

16 F.3d 323 Tsion M. KAHSSAI, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 92-70289. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 3, 1993. Decided Feb. 4, 1994. Dan P. Danilov, Seattle, Washington, for the petitioner. Donald Couvillon, United States Department of Justice, Washington, D.C., for the respondent. Petition to Review a Decision of the Immigration and Naturalization Service. Before: REINHARDT, BRUNETTI, and FERNANDEZ, Circuit Judges. PER CURIAM: 1 Petitioner Tsion Kahssai applied for asylum, 8 U.S.C. Sec. 1158 , and withholding of deportation, 8 U.S.C. Sec. 1253 (h). The immigration judge (IJ) denied Kahssai's application, and the Board of Immigration Appeals (BIA) affirmed the denial. The BIA issued its ruling in a short opinion in which administrative notice was taken of political changes in Ethiopia that had occurred subsequent to Kahssai's deportation hearing. We have jurisdiction over Kahssai's appeal of the BIA ruling, 8 U.S.C. Sec. 1105a(a)(1), and we grant her petition for review in accordance with Sarria-Sibaja v. INS, 990 F.2d 442 (9th Cir.1993).I. 2 At a March 1990 deportation hearing before an immigration…