Al Mahdi v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM ***
Petitioner A1 Mahdi seeks review of a decision of the Board of Immigration Appeals (“BIA”) denying his motion to remand his proceeding to an Immigration Judge in order to permit him to seek relief under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“Convention”). We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we vacate and remand.
I.
A1 Mahdi, a native and citizen of Somalia, entered the United States on April 18, *719 1998. A1 Mahdi applied for asylum and withholding of removal arguing that he has a well founded fear of persecution based upon his political opinion and his membership in a particular social group — the Miti-gan caste of people. The Immigration Judge held that AI Mahdi was not a credible witness. The judge found discrepancies and omissions in the record and held that Al Mahdi did not provide a convincing explanation for them. In addition, the Immigration Judge held that Al Mahdi failed to show that he suffered persecution on account of his political opinion or membership in a particular social group. The Immigration Judge ordered Al Mahdi to be deported to Somalia.