Farah Mudathir Farah Taha v. John Ashcroft, Attorney General

ORDER

The petition for panel rehearing is granted. The opinion and dissent filed on March 31, 2004, and published at 362 F.3d 623 (9th Cir.2004), were withdrawn on September 10, 2004. A new opinion has been filed simultaneously with this order.

OPINION

Taha, a native and citizen of Sudan, petitions for review of a Board of Immigration Appeals (BIA) decision denying his applications for asylum, withholding of removal and protection under the Convention Against Torture. He claims that he was persecuted on account of his membership in the Umma political party and his opposition to the Sudanese government.

The immigration judge (IJ) denied Taha’s requests for relief, finding that his testimony was not credible. On appeal, the BIA agreed with the IJ that Taha’s credibility was “hampered” and “degraded.” A.R. at 2. As a result, the BIA held that Taha had not demonstrated eligibility for any of the relief he sought.

1. The BIA offered two grounds supporting its decision that Taha was not credible. First, it noted that there were “unexplained and unresolved discrepancies between allegations in his testimony and his asylum application.” Id. But, while it is true that Taha’s testimony…