Karedia

Karedia v. Holder

Good Law
503 F. App'x 544
United States Court of Appeals for the Ninth CircuitJanuary 7, 201307-74570California784 words

Opinion

Opinion

MEMORANDUM

Barkat Ali Karedia petitions for review of the decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal from the Immigration Judge’s (“IJ”) denial of his applications for asylum and withholding of removal from Pakistan. We have jurisdiction under 8 U.S.C. § 1252 . We grant the petition and remand for further consideration.

1. We review de novo constitutional due process claims. Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005). We review credibility findings for substantial evidence. Garrovillas v. I.N.S., 156 F.3d 1010,1013 (9th Cir.1998).

Where, as here, the BIA reviewed the IJ’s oral decision for clear error, and also provided a written decision beyond mere boilerplate, we “look to the IJ’s oral decision as a guide to what lay behind the BIA’s conclusion. In so doing, we review ... the reasons explicitly identified by the BIA, and then examine the reasoning articulated in the IJ’s oral decision in support of those reasons.” Tekle v. Mukasey, 533 F.3d 1044,1051 (9th Cir.2008) (internal quotation marks and citations omitted).

2. We have jurisdiction to review Kare-dia’s claim that the IJ and BIA violated his due process rights when they…

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