Farah

MEMORANDUM **

Abairahman Farah (Farah), a native and citizen of Somalia, petitions for review of the summary affirmance of the Board of Immigration Appeals (BIA) of the denial by an Immigration Judge (IJ) of Farah’s claim for relief under the Convention Against Torture (CAT). The IJ denied the CAT claim, finding Farah’s testimony not credible. Because the BIA affirmed the IJ’s ruling without an opinion, we review the IJ’s decision as the final agency action. See 8 C.F.R. § 1003.1 (e)(4). We review the IJ’s adverse credibility finding under the substantial evidence standard. Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002). We grant the petition.

To be eligible for CAT relief, Farah must show that it is more likely than not that he would be tortured if he is returned to Somalia. 8 C.F.R. § 208.16 (c)(2); Kamalthas v. INS, 251 F.3d 1279, 1283-84 (9th Cir.2001). “[CJountry conditions alone can play a decisive role in granting relief under the Convention.” Id. at 1280 .

Farah and his family were members of the Marehan clan in Somalia. Farah came to the United States on a student visa in 1989. In 1991, inter-clan fighting erupted in Somalia, resulting in massive killings, dislocations…