Montano
Montano v. Immigration & Naturalization Service
Opinion
Lead Opinion
MEMORANDUM *
Damian Montano, along with his wife, Trinidad, whose claims are derivative of his, seeks review of the Board of Immigration Appeal’s (“BIA”) denial of his claims for asylum and withholding of deportation. Montano also appeals the BIA’s denial of his motion to remand for determination of Montano’s eligibility for relief under the Convention Against Torture (“CAT”). Montano further asserts that the BIA violated his right to due process by making an adverse credibility determination without giving Montano an opportunity to explain any alleged inconsistencies. We grant the petition insofar as it challenges the denial of Montano’s asylum claim and dismiss the petition in all other respects.
Because the BIA adopted the reasoning of the Immigration Judge (“IJ”) and added its own reasons for denial, we review the decisions of both the BIA and the IJ. See Ghaly v. INS, 58 F.3d 1425, 1430 (9th Cir.1995); see also Chand v. INS, 222 F.3d 1066 , 1072 n. 7 (9th Cir.2000) (reviewing only BIA’s decision but noting that “[i]f the BIA had adopted the IJ’s decision while adding its own reasons, we would have to review both decisions”).