Gonzalez-Castillo

Gonzalez-Castillo v. Gonzales

Good Law
143 F. App'x 893
United States Court of Appeals for the Ninth CircuitSeptember 21, 2005No. 04-73457; Agency Nos. A75-479-439, A75-473-792California922 words

Opinion

Lead Opinion

MEMORANDUM **

Jose Eugenio Gonzalez-Castillo and Ana Elizabeth Sosa-Guevara, husband and wife and natives and citizens of Venezuela, petition for review of an order of the Board of Immigration Appeals (“BIA”) affirming an immigration judge’s (“IJ”) order denying their applications for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review the IJ’s decision to the extent it was expressly adopted by the BIA, but are otherwise limited to reviewing the BIA’s decision. See Shah v. INS, 220 F.3d 1062, 1067 (9th Cir.2000). We review for substantial evidence the BIA’s factual determinations regarding eligibility for relief. Ramos-Vasquez v. INS, 57 F.3d 857, 861 (9th Cir.1995). We deny in part and grant in part the petition for review and remand to the BIA for further proceedings.

We accept petitioners’ testimony as true because the BIA did not make an explicit adverse credibility finding and instead denied relief on the merits. See Kalubi v. Ashcroft, 364 F.3d 1134, 1137 (9th Cir.2004) (“Testimony must be accepted as true in the absence of an explicit adverse credibility finding.”).

Substantial evidence does not support the BIA’s finding that…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.