Welde

Welde v. Gonzales

Good Law
160 F. App'x 572
United States Court of Appeals for the Ninth CircuitDecember 19, 2005No. 04-70133California381 words

Opinion

Lead Opinion

MEMORANDUM *

Azeb Zeleke Welde, a native and citizen of Ethiopia, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of the Immigration Judge’s (“IJ”) denial of asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”).

We have jurisdiction pursuant to 8 U.S.C. § 1252 . We grant Welde’s petition for review and remand for a determination on the merits. Because the parties are familiar with the facts and procedural history, we do not restate them here except as necessary to explain our disposition.

“When the BIA affirms an IJ’s decision without opinion, we review the IJ’s decision as the final agency determination.” Kaur v. Gonzales, 418 F.3d 1061, 1064 (9th Cir.2005). ‘We review adverse credibility determinations under the substantial evidence standard.” Wang v. Ashcroft, 341 F.3d 1015, 1021 (9th Cir.2003). “To determine whether substantial evidence supports the [IJ’s] finding, we evaluate each *573 ground cited by the [IJ] for [her] finding.” Id.

The IJ’s adverse credibility finding is not supported by substantial evidence because petitioner’s inconsistent testimony goes to minor details only. See id. (finding…

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