Negasi Tewelde-Desta v. Eric Holder, Jr.

MEMORANDUM

Negasi Tewelde-Desta, a native and citizen of Eritrea, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, applying the new standards governing adverse credibility determinations created by the REAL ID Act, Shrestha v. Holder, 590 F.3d 1034, 1039-40 (9th Cir.2010), and we grant the petition for review and we remand.

The agency denied Tewelde-Desta’s claims based on an adverse credibility determination. Substantial evidence does not support the agency’s non-responsive demeanor finding because the record shows that Tewelde-Desta answered the questions he was asked during cross-examination. See Garrovillas v. INS, 156 F.3d 1010, 1014-15 (9th Cir.1998). Substantial evidence does not support the agency’s finding that Tewelde-Destas’ testimony and corroborating evidence were inconsistent regarding when he completed his military service. See Shrestha, 590 F.3d at 1044…