Jassey

Jassey v. Gonzales

Good Law
128 F. App'x 19
United States Court of Appeals for the Ninth CircuitFebruary 11, 2005No. 03-70641; Agency No. A73-413-786California395 words

Opinion

Lead Opinion

MEMORANDUM ***

Joseph Jassey, a native and citizen of the Gambia, petitions for review of a decision by the Board of Immigration Appeals affirming, without opinion, an Immigration Judge’s (“IJ”) denial of his application for asylum and withholding of deportation. We have jurisdiction under former 8 U.S.C. § 1105a(a). See Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). We review an adverse credibility determination for substantial evidence. Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001). We grant the petition for review and remand for further proceedings.

The record does not reflect the inconsistencies the IJ cited to support her adverse credibility determination. See He v. Ashcroft, 328 F.3d 593, 600 (9th Cir. 2003) (finding no substantial evidence to support an adverse credibility determination where the IJ’s conclusions were inconsistent with the record). Whereas the IJ stated that Jassey testified inconsistently about how long it took him to research the political documents he authored, the record reflects that Jassey was asked two different questions: first, how long it took him to do the research, and second, when he started writing.

Further, when Jassey testified…

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