Vasquez-Hoyos
Vasquez-Hoyos v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM *
Petitioner Jose Luis Vasquez-Hoyos seeks review of a final order of removal of the Board of Immigration Appeals (“BIA”), affirming a decision of an immigration judge (“IJ”). The IJ held that Petitioner is ineligible for asylum and for withholding of removal, but granted voluntary departure. Because the BIA adopted the IJ’s decision, we refer to and analyze the IJ’s decision. Wang v. Ashcroft, 341 F.3d 1015, 1020 (9th Cir.2003). We grant the petition and remand.
1. This appeal is timely. Singh v. INS, 340 F.3d 802, 805-07 (9th Cir.2003).
2. Because the IJ did not make an express adverse credibility finding, we accept Petitioner’s testimony as true. Leiva-Montalvo v. INS, 173 F.3d 749, 750 (9th Cir.1999).
3. The IJ clearly erred in basing a decision on Petitioner’s mere failure to offer corroborating documentation. The IJ asserted that
That reasoning is wrong. See Ladha v. INS, 215 F.3d 889, 900 (9th Cir.2000) (holding that corroboration is not required when an alien testifies credibly).
The IJ specifically chided Petitioner for not having documentary proof of his employment as manager of a medical clinic in Peru, although it is not at all clear why a pro se…