Gebkirstos

MEMORANDUM **

Yemane Gebkirstos petitions for review of an order of the Board of Immigration Appeals (“BIA”) affirming the decision of an Immigration Judge (“IJ”) denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction to review a final order of removal under 8 U.S.C. § 1252 (a). Without reaching Gebkirstos’s claims for withholding of removal and CAT relief, we grant the petition and remand to the BIA for further consideration.

I

We accept Gebkristos’s unrebutted testimony as true because neither the IJ nor the BIA made an adverse credibility finding. Knezevic v. Ashcroft, 367 F.3d 1206, 1209 (9th Cir.2004). In 1998, after the forcible deportation of his mother and eleven-year old brother to Eritrea, Gebkirstos, an ethnic-Eritrean Ethiopian, was arrested and incarcerated for two weeks by the Ethiopian police. While in detention, Gebkirstos was severely mistreated, falsely accused of belonging to the Eritrean People’s Liberation Front, and stripped of his passport and identification documents. Because he was a young man who could be conscripted into the Eritrean army, Gebkirstos was forcibly…