Hailu

Hailu v. Ashcroft

Good Law
109 F. App'x 175
United States Court of Appeals for the Ninth CircuitSeptember 9, 2004No. 03-71356California1,322 words

Opinion

Lead Opinion

MEMORANDUM **

Desta Tesfai-Hailu, a native and citizen of Ethiopia, petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance without opinion of an Immigration Judge’s (“IJ”) final order denying her applications for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We grant the petition for review and remand.

The IJ made an adverse credibility finding against Tesfai-Hailu, which we review for substantial evidence. See Lata v. INS, *177 204 F.3d 1241, 1245 (9th Cir.2000). While “we accord substantial deference to an IJ’s credibility fínding[,] ... [w]hen the IJ provides specific reasons for the questioning of a witness’s credibility, this court may evaluate those reasons to determine whether they are valid grounds upon which to base a finding that the applicant is not credible.” Mendoza Manimbao v. Ashcroft, 329 F.3d 655, 658 (9th Cir.2003) (quotations and citations omitted). None of the stated bases for the adverse credibility finding is supported by substantial evidence.

First, the IJ noted alleged inconsistencies in Tesfai-Hailu’s testimony concerning the date when she moved to Addis Ababa and the dates during which she…

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