Tesfahunegn
Tesfahunegn v. Ashcroft
Opinion
Lead Opinion
*127 MEMORANDUM *
Petitioner Terhas Tesfahunegn (“Tesfahunegn”) seeks review of the Board of Immigration Appeals’ (“Board”) decision affirming the denial of her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We grant the petition for review and reverse in part the Board’s decision.
The Immigration Judge (IJ) denied Tesfahunegn’s application based only on an adverse credibility finding. The Board affirmed the IJ’s finding and also held that, even if Tesfahunegn’s testimony were found credible, she had failed to demonstrate a well-founded fear of persecution. We hold that if Tesfahunegn’s testimony is taken as true, the record compels a conclusion that she demonstrated a well-founded fear; we also hold that the IJ’s adverse credibility finding was not supported by substantial evidence.
1. Well-Founded Fear of Future Persecution
A petitioner demonstrates a well-founded fear of future persecution if she shows both a subjectively genuine and objectively reasonable fear. Singh v. INS, 134 F.3d 962, 966 (9th Cir.1998). Applicants satisfy the subjective test by credibly testifying that they genuinely fear persecution by their…