Felobous

Felobous v. Gonzales

Good Law
123 F. App'x 816
United States Court of Appeals for the Ninth CircuitFebruary 25, 2005No. 03-71767California299 words

Opinion

Lead Opinion

MEMORANDUM **

Hany Felobous petitions for review of an order of the Board of Immigration Appeals affirming the decision of the Immigration Judge finding Felobous subject to an order of removal from the United States and denying Felobous’s application for asylum and withholding of deportation. We have jurisdiction under 8 U.S.C. § 1105a(a), and we remand for a further hearing.

Because the parties are familiar with the facts, we recite them only as necessary for this decision.

Felobous argues the IJ’s reason for not believing his explanation for the inconsistencies between his written application and his oral testimony was not supported by substantial evidence in the record. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir.2000). We agree.

*817 When asked by the IJ for an explanation concerning the inconsistencies, Felobous attempted to respond but was interrupted by the IJ:

The IJ found Felobous’s explanation “implausible,” stating that

This finding was based on an assumption that the preparation service would fairly and competently represent Felobous’s interests. The IJ stated:

The combination of the IJ cutting short Felobous’s attempted explanation concerning the…

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