Anganu

MEMORANDUM ***

Virendra Sen Tilak Anganu, a native of Fiji, petitions for review of the Board of Immigration Appeals’ decision affirming the Immigration Judge’s ruling which denied his applications for asylum and withholding of deportation. We have jurisdiction pursuant to 8 U.S.C. § 1105a (1994), as amended by section 309(c)(4) of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), Pub.L. 104-208, 110 Stat. 3009 (1996), because Anganu had been placed in deportation proceedings as of IIRIRA’s effective date, but the final order of deportation was entered more than thirty days after such date. We review the Board’s adverse credibility determinations under the substantial evidence standard. Alvarez-Santos v. INS, 332 F.3d 1245, 1254 (9th Cir. 2003). We grant Anganu’s petition and remand to the Board for further proceedings.

The Board’s determination that Anganu’s testimony at the deportation hearing was not credible is not supported by substantial evidence. The Board based its adverse credibility findings, as did the Immigration Judge, primarily on inconsistencies in Anganu’s testimony and applications as to the dates and duration of his detentions in Fiji.…