Pantovic

MEMORANDUM *

Milovan Pantovic petitions for review of the Board of Immigration Appeals’ *21 streamlined affirmance of the Immigration Judge’s (“IJ’s”) decision. The IJ denied Petitioner’s claims for asylum and withholding of removal, and for relief under the Convention Against Torture. We grant the petition and remand. Because the facts are familiar to the parties, we will not recite them here.

The IJ appears to have misunderstood the basis of Petitioner’s claims: his fear of future persecution based on draft notices and a judgment against him from the Serbian army that he received after he came to the United States. The IJ treated Petitioner’s claim as though it were based on past persecution. Because the IJ never addressed Petitioner’s claim, and because substantial evidence does not support the IJ’s adverse credibility finding, we grant the petition.

Substantial evidence does not support the IJ’s adverse credibility finding. 2 Petitioner’s actions after he arrived in the United States and the timing of his asylum claim were entirely consistent with his claim. Petitioner did not fear persecution when he first came to the United States. His fear arose after he received draft…