Aventurado

Aventurado v. Ashcroft

Good Law
112 F. App'x 589
United States Court of Appeals for the Ninth CircuitOctober 21, 2004No. 03-70561; Agency No. A70-921-225California725 words

Opinion

Lead Opinion

MEMORANDUM **

Gloria Mojica Aventurado petitions for review of the denial of her applications for asylum and withholding of removal. Since the Board of Immigration Appeals (BIA) affirmed the decision of the Immigration Judge (IJ) without opinion, we review the IJ’s decision as the final agency determination. See Garcia-Martinez v. Ashcroft, 371 F.3d 1066, 1074 (9th Cir.2004). We have jurisdiction under 8 U.S.C. § 1252 , and we review for substantial evidence. Alvarez-Santos v. INS, 332 F.3d 1245, 1254 (9th Cir.2003).

The IJ denied Aventurado’s applications on the basis of an adverse credibility finding. The IJ also made an alternative finding that even if Aventurado were credible, she did not establish eligibility for asylum because she could successfully relocate within the Philippines. We reverse the IJ’s credibility determination and find the IJ did not apply the correct standard for judging the feasibility of relocation. We remand to the BIA to remand to the IJ for a determination of the relocation issue under the proper standard.

The IJ’s adverse credibility finding ignored Aventurado’s reasonable explanations of discrepancies between her affidavit and her testimony, and…

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