Kazi

Kazi v. Gonzales

Good Law
135 F. App'x 66
United States Court of Appeals for the Ninth CircuitJune 15, 2005No. 03-70260California977 words

Opinion

Lead Opinion

MEMORANDUM ***

Fattah Kazi, his wife, and two children, citizens of Bangladesh, appeal the Board of Immigration Appeals’ (“BIA”) denial of their applications for asylum and withholding of removal. The Immigration Judge (“IJ”) concluded that Kazi was hot credible and further found that if Kazi had suffered past persecution, the presumption of future persecution would be rebutted by changed country conditions. The BIA affirmed, noting additional grounds for the IJ’s adverse credibility determination. We have jurisdiction under 8 U.S.C. § 1252 and we grant the petition.

“We review adverse credibility determinations under the substantial evidence standard.” Hoque v. Ashcroft, 367 F.3d 1190, 1194 (9th Cir.2004). Determinations of an alien’s eligibility for asylum and withholding of removal are also reviewed for substantial evidence. Id. Where, as here, the BIA adopts the IJ’s decision and also adds its own findings, we review both decisions. Chand v. INS, 222 F.3d 1066 , 1072 n. 7 (9th Cir.2000).

We conclude that the “ ‘[mjinor inconsistencies [cited by the BIA] that reveal nothing about [Kazi’s] fear for [his] safety are not an adequate basis for an adverse credibility finding.’”…

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