Sivakumar

Sivakumar v. Gonzales

Good Law
130 F. App'x 905
United States Court of Appeals for the Ninth CircuitMay 13, 2005No. 03-72525; Agency No. A78-015-241California548 words

Opinion

Lead Opinion

MEMORANDUM ***

Jeyaraj Sivakumar, a native and citizen of Sri Lanka, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision, which dismissed his appeal from the Immigration Judge’s (“IJ”) order denying his application for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We grant the petition for review and remand for further proceedings.

Where, as here, the BIA conducted a de novo review of the record and made an independent determination of whether relief is appropriate, this Court reviews the decision of the BIA, not of the IJ. See Molina-Morales v. INS, 237 F.3d 1048, 1050 (9th Cir.2001). We review adverse credibility determinations under the substantial evidence standard. He v. Ashcroft, 328 F.3d 593, 595 (9th Cir.2003).

Sivakumar contends that the BIA erred in requiring him to produce corroborating evidence. We agree. The BIA’s *907 determination is not supported by substantial evidence. See Sidhu v. INS, 220 F.3d 1085, 1089-91 (9th Cir.2000).

Preliminarily, we find that the two adverse credibility findings of the IJ which the BIA cited are not supported by substantial…

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