Muna Haile v. Eric H. Holder Jr.

MEMORANDUM

Muna Yusuf Haile, a native and citizen of Ethiopia, petitions for review of the order of the Board of Immigration Appeals (BIA) denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The parties agree that the law governing credibility determinations is that which was applicable prior to the REAL ID Act. Pub.L. No. 109-13, div. B, § 101(h)(2), 119 Stat. 231, 305 (2005). We have jurisdiction over Haile’s petition as to the withholding of removal and CAT claims pursuant to INA § 242(a)(1), 8 U.S.C. § 1252 (a)(1). We grant the petition as to those claims, deem Haile credible with respect to them, and remand for further proceedings. We dismiss the petition as to Haile’s asylum claim, although we urge the BIA to reconsider its denial of asylum in light of the basis for our holding as to Haile’s other claims.

As to Haile’s withholding of removal and CAT claims, we hold that the adverse credibility finding made by the BIA and the Immigration Judge (IJ) (whose opinion was incorporated by the BIA into its decision) is unsupported by substantial evidence and that the evidence in the record compels the conclusion that…