Mohamed

Mohamed v. Gonzales

Good Law
132 F. App'x 126
United States Court of Appeals for the Ninth CircuitMay 13, 2005No. 03-71359California955 words

Opinion

Lead Opinion

MEMORANDUM ***

Abdulkadir Mohamed, a native and citizen of Somalia, petitions for review of an order of the Board of Immigration Appeals (“BIA”) summarily affirming an immigration judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We review for substantial evidence the IJ’s adverse credibility finding and evaluate independently each ground cited by the IJ for the finding. See Kaur v. Ashcroft, 379 F.3d 876, 884-85 (9th Cir.2004). 1 We grant the petition for review and remand for further proceedings.

The primary basis for the IJ’s adverse credibility finding was Mohamed’s admission that, upon arriving at the Chicago airport, he made false statements under oath to immigration officers about the countries through which he had traveled to reach the United States. Such false statements, made to facilitate Mohamed’s entry into the United States, reveal nothing about Mohamed’s reasons for fleeing Somalia and therefore cannot support an adverse credibility finding. See Akinmade v. *128 INS, 196 F.3d 951, 956 (9th Cir.1999) (noting that this Court has “distinguished, for purposes of credibility…

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