Kadiye

Kadiye v. Gonzales

Good Law
158 F. App'x 64
United States Court of Appeals for the Ninth CircuitDecember 13, 2005No. 03-71669California1,098 words

Opinion

Lead Opinion

MEMORANDUM ***

I.

Bashir Hashi Kadiye, a native and citizen of Somalia, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s (“U”) denial of his application for asylum, withholding of removal, and protection from removal under Article III of the United Nations Convention Against Torture (“CAT”). 1 The IJ denied Kadiye’s request for asylum on the basis of an adverse credibility finding. The BIA, in a de novo opinion, expressly declined to address Kadiye’s credibility and instead concluded that Kadiye had failed to establish past persecution or a well-founded fear of future persecution because he did not present “sufficient detail so as to provide a plausible and coherent account of the events underlying his claim.” We grant the petition for review and remand to the BIA to consider the question of Kadiye’s credibility.

II.

We have jurisdiction to review a final removal order of the BIA pursuant to 8 U.S.C. § 1252 (a). Where, as here, the BIA reviews the IJ’s opinion de novo, this court reviews the BIA’s decision, and those portions of the IJ’s decision expressly adopted by the BIA. Zhang v. Gonzales, 408 F.3d 1239, 1244…

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