Saleh

MEMORANDUM *

Khaled Mohammed Saleh (“Saleh” or “Petitioner”), a citizen of Yemen, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal of the immigration judge’s (“IJ’s”) denial of a request for asylum and withholding of deportation. The BIA had jurisdiction pursuant to 8 C.F.R. § 3.1 . We have jurisdiction under § 106(a)(1) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1105a(a)(l), as amended by the transitional rules for judicial review under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub. L. 104-208, 110 Stat. 3009 (Sept. 30, 1996). Because the BIA failed to make an explicit credibility finding, we vacate the decision and remand.

When the BIA conducts a de novo review of the IJ’s decision, we review the BIA’s decision, rather than the IJ’s, except to the extent that the BIA expressly adopts the IJ’s decision. Salazar-Paucar v. INS, 281 F.3d 1069, 1073 (9th Cir.), as amended by 290 F.3d 964 (9th Cir.2002). Although the BIA affirmed the IJ’s denial of relief, it explained its rationale with citations to the testimony and relied only in part on the IJ’s reasoning. After examining the…