Mosa

Safi Mosa, a native and citizen of Afghanistan, appeals the district court’s denial of his petition for a writ of habeas corpus challenging the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from an Immigration Judge’s (“IJ”) decision finding him excludable as charged and denying his applications for asylum and withholding of deportation. Mosa contends that the BIA’s decision should be reversed because it was based on an adverse credibility finding that was unsupported by substantial evidence. We have jurisdiction under 28 U.S.C. § 2253 . We reverse and remand.

*603 I

Safi Mosa fled Afghanistan to Pakistan in January, 1990 because of a claimed fear of the Afghan security force (the “KHAD”). After spending several months in Pakistan, he attempted to enter the United States at Los Angeles on November 6, 1990. Mosa was detained and placed in exclusion proceedings pursuant to 8 U.S.C. § 1226 . Mosa applied for asylum and withholding of deportation pursuant to 8 U.S.C. §§ 1168 (a) and 1253(h).

At the exclusion hearing, Mosa testified that he feared persecution if returned to Afghanistan due to events which began in 1989. Mosa stated that in 1989, while he was a…