Negasi Tewelde-Desta v. Eric Holder, Jr.

Good Law
504 F. App'x 650
United States Court of Appeals for the Ninth CircuitJanuary 22, 201310-70489California406 words

Opinion

Opinion

ORDER

The memorandum disposition filed on September 17, 2012, is withdrawn. An amended memorandum disposition is being filed concurrently with this order.

With this amendment, respondent’s petition for panel rehearing is denied.

No further petitions for rehearing will be entertained in this closed case.

AMENDED 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…

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