Taboada-Rodriguez

MEMORANDUM ***

Donaldo De Jesus Taboada-Rodriquez and Carmen Judith Taboada-Yoc (together “the Toboadas”) petition for review of the Board of Immigration Appeals’ (“Board”) decision denying their applications for asylum and withholding of deportation under the Immigration and Nationality Act (“INA”) and relief under the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”). Specifically, the Taboadas argue that substantial evidence does not support the Board’s rejection of their asylum and withholding claims under the INA and that their claim for relief under CAT should be remanded to the Immigration Judge (“U”) for the separate and thorough consideration that claim deserves. Because substantial evidence does not support the Board’s adverse credibility determination, we remand the case to the Board for consideration of the Taboadas’ claims.

To be eligible for asylum, an applicant must show that he is “unwilling or unable” to return to his home country “because of persecution or a well-founded fear of future persecution on account of race, religion, nationality, membership in a particular social group, or…