Nan Myint v. Eric H. Holder Jr.

MEMORANDUM

Nan San Myint, a native and citizen of Burma, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of her appeal from an Immigration Judge’s (“IJ”) denial of asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . Because we conclude that the agency’s adverse credibility determination is not supported by substantial evidence, we grant the petition and remand for further proceedings pursuant to INS v. Ventura, 537 U.S. 12, 16-18 , 123 S.Ct. 353 , 154 L.Ed.2d 272 (2002) (per curiam).

The BIA affirmed the IJ’s adverse credibility determination, relying on purported inconsistencies in the record as to the date of Myint’s first husband’s death, his profession, his age when he died, and Myint’s ability to work for a U.S. State Department official if she was using a fake passport. The three minor inconsistencies related to Myint’s first husband are, as the BIA stated, of little significance. See Mendoza Manimbao v. Ashcroft, 329 F.3d 655, 660 (9th Cir.2003) (“Minor inconsis tencies in the record that do not relate to the basis of an applicant’s alleged fear of…