Hassan
Hassan v. Ashcroft
Opinion
Lead Opinion
ORDER
Respondent’s petition for panel rehearing is GRANTED. The memorandum disposition filed December 2, 2003, is withdrawn and a new memorandum disposition shall be filed in its stead.
MEMORANDUM **
Petitioner Faduma M. Hassan (“Hassan”) appeals the Board of Immigration Appeals’ (“BIA’s”) denial of her application for asylum. We have jurisdiction under 8 U.S.C. § 1252 . We reverse the BIA’s final *463 order of removal and remand for proceedings consistent with this disposition.
Because the facts are known to the parties we do not repeat them here.
We review the BIA’s findings for substantial evidence. See Andriasian v. INS, 180 F.3d 1033, 1040 (9th Cir.1999). The BIA’s decision must be upheld unless the evidence would compel a reasonable adjudicator to reach a contrary result. 8 U.S.C. § 1252 (b)(4)(B). ‘Where, as here, the BIA reviews the IJ’s decision de novo, our review is limited to the BIA’s decision, except to the extent that the IJ’s opinion is expressly adopted.” Shah v. INS, 220 F.3d 1062, 1067 (9th Cir.2000) (internal quotation marks omitted).
The BIA upheld the order of removal in part because it found that the IJ’s negative credibility determination was…