Castellanos-Garcia

Castellanos-Garcia v. Ashcroft

Good Law
99 F. App'x 96
United States Court of Appeals for the Ninth CircuitMay 13, 2004No. 02-73860; Agency Nos. A77-903-766, A77-903-765, A77-903-767, A77-903-768, A77-903-769, A77-903-770, A77-903-771California725 words

Opinion

Lead Opinion

MEMORANDUM *

Mario Rene Castellanos-Garcia (“Castellanos”), his wife, and their five children, all natives and citizens of Guatemala, petition for review of the decision of the Board of Immigration Appeals (“BIA”) denying their applications for asylum, withholding of removal, and protection under the Convention Against Torture. Because the BIA summarily affirmed the decision of the Immigration Judge (“IJ”), we review the IJ’s decision as if it were that of the BIA. Al-Harbi v. INS, 242 F.3d 882, 887-88 (9th Cir.2001).

The government conceded in its motion to remand that “[njeither the immigration judge’s decision, nor the Board’s summary affirmance, provides specific cogent reasons as to why Petitioner was not a credible witness.” Because the IJ is required to “ ‘offer a specific, cogent reason for any stated disbelief,’ ” Osorio v. INS, 99 F.3d 928, 931 (9th Cir.1996) (quoting Hartooni v. INS, 21 F.3d 386, 342 (9th Cir.1994)), we hold that his adverse credibility determination was not supported by substantial evidence. Having reached this conclusion, we deem Castellanos’s testimony to be credible. Guo v. Ashcroft, 361 F.3d 1194, 1203 (9th Cir.2004). Therefore, it is…

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