Wodineh

Wodineh v. Ashcroft

Good Law
107 F. App'x 812
United States Court of Appeals for the Ninth CircuitAugust 25, 2004No. 03-70077; Agency No. A74-806-647California380 words

Opinion

Lead Opinion

MEMORANDUM **

Asamarech Tegegn Wodineh (Wodineh) appeals the Board of Immigration’s affirmance without opinion of the decision of the Immigration Judge (IJ) denying her asylum and withholding of deportation based on an adverse credibility finding.

We are compelled.to reject the IJ’s adverse credibility finding. Wodineh’s difficulty in converting dates and understanding questions posed through her translator is not a valid basis for an adverse credibility finding. See Zahedi v. INS, 222 F.3d 1157, 1166-67 (9th Cir.2000) (ruling that confusion over dates stemming from difficulties translating dates from the Islamic calendar to the Christian calendar cannot be a ground for finding the petitioner evasive).

The IJ’s conclusion that Wodineh would not have been able to return to her pension department job after being released from prison is speculation and cannot serve as a basis for an adverse credibility finding. Ge v. Ashcroft, 367 F.3d 1121, 1124-25 (9th Cir.2004).

Finally, the IJ’s finding that Wodineh’s travel to other African countries undermined her claim of persecution cannot be the basis of an adverse credibility finding where the IJ did not address Wodineh’s explanation of…

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