Mahamoud Dowlad Shire v. John Ashcroft, Attorney General

Mahamoud Dowlad Shire, a native and citizen of Somalia, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) affirming the decision of the Immigration Judge (“IJ”). The IJ denied Shire’s application for asylum, withholding of removal, and for relief under the United Nations Convention Against Torture (“CAT”) based on an adverse credibility finding. The IJ thus ordered Shire deported. The BIA affirmed. We grant the petition.

BACKGROUND

I. Factual Background

Shire was born in the city of Merka in Somalia in 1973. He is a member of the Tunni clan, a “small minority clan” that is “despise[d] by majority clans.” His father was a fisherman and his mother a housewife. They had six children — five sons and one daughter.

While Shire was growing up, Somalia was ruled by Mohamed Siad Barre, a member of the Darod clan. In December 1990, fighting broke out between members of the United Somali Congress (“USC”), who were from the Hawiye clan, and Siad Barre’s government. In February 1991, the USC captured Shire’s city of Merka and began murdering members of minority clans such as Shire’s.

On February 6,1991, all the members of Shire’s family were home when armed…