Ghalehmamakaei
Ghalehmamakaei v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Khanom Ofísana Mansourian Ghalehmamakaei (“Mansourian”), a native and citizen of Iran, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of the immigration judge’s (“IJ”) denial of asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). 1 We have jurisdiction under 8 U.S.C. § 1252 (a)(1). We dismiss the petition in part, and grant the petition in part and remand. Because the parties are familiar with the facts, we do not recount them here.
We lack jurisdiction over the CAT and procedural due process claims because Mansourian did not present these issues to the BIA and thereby failed to exhaust her administrative remedies. 2 Accordingly, we dismiss the petition as to the CAT and procedural due process claims.
The IJ erred by requiring corroborating evidence to support Mansourian’s testimony because the IJ did not make an explicit adverse credibility finding. 3 In the absence of an express adverse credibility finding, we accept Mansourian’s testimony as true. 4 The evidence compels the conclusion that Mansourian suffered past persecution on account of imputed political opinion. 5 Mansourian’s past…