Asl

Asl v. Ashcroft

Good Law
103 F. App'x 162
United States Court of Appeals for the Ninth CircuitJune 25, 2004No. 03-70687; Agency No. A75-735-641California445 words

Opinion

Lead Opinion

MEMORANDUM **

Seyed Alireza Tabatabaei Asi, a native and citizen of Iran, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 . We review the BIA’s adverse credibility determination for substantial evidence, see Abovian v. INS, 219 F.3d 972, 977-78 (9th Cir.2000), and we grant the petition for review and remand.

The BIA’s adverse credibility determination, based on the perceived inconsistency that petitioner testified he ended his studies at an Iranian university in February 1999, and yet testified that he participated in student demonstrations and a boycott of classes in July 1999, is not supported by substantial evidence in the record. This finding fails to account for evidence in the hearing transcript showing a general confusion regarding conversion of dates in the Iranian calendar to the Gregorian calendar, as well as petitioner’s specific testimony that he thought he left the university in February 1999, but he was “a little…

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