Mohamadou Kabba v. Eric Holder, Jr.

MEMORANDUM

Mohamadou Kabba, a native and citizen of The Gambia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, including credibility findings, Tekle v. Mukasey, 533 F.3d 1044, 1051 (9th Cir.2008), and we grant the petition for review and remand.

The BIA identified four reasons for finding Kabba not credible and denying his claims. Substantial evidence does not support the BIA’s finding that Kabba’s testimony that he never returned to The Gambia was inconsistent with the September 1992 admittance stamps in his passport, because the record reflects the stamps are for entry into Ghana. See Bandari v. INS, 227 F.3d 1160, 1167 (9th Cir.2000) (rejecting adverse credibility finding that was not supported by the record). Substantial evidence also does not support the BIA’s reliance on an inconsistency between Kabba’s testimony and asylum application regarding who he lived with after…