Tommy R. OSORIO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent

Tommy Osorio, a native and citizen of Nicaragua, petitions this court for review of a final order of the Board of Immigration Appeals (“BIA” or “Board”) denying his request for asylum and withholding of deportation. We conclude that neither the Board nor the immigration judge gave specific and cogent reasons for their finding that Osorio was not a credible witness. We also conclude that both the Board and the immigration judge erred as a matter of law in failing to recognize that asylum applicants who have demonstrated past persecution are presumptively eligible for asylum. Accordingly, we remand for further proceedings.

BACKGROUND

Osorio entered the United States without inspection on July 1, 1986. On August 5, 1987, he filed an application for asylum and withholding of deportation. The application was denied in March of 1989. At his deportation hearing, Osorio conceded deportability but renewed his request for asylum and withholding of deportation. His evidence consisted of his initial application for asylum, a second asylum application and accompanying affidavit prepared in May of 1989, a document from the United Nations High Commissioner for Refugees certifying Osorio as a…