Abdi

Abdi v. Gonzales

Good Law
178 F. App'x 717
United States Court of Appeals for the Ninth CircuitMay 5, 2006No. 03-72618California575 words

Opinion

lead Opinion

MEMORANDUM *

Ahmed Karim Abdi, a native and citizen of Somalia, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an immigration judge’s (“IJ”) order denying his application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . Reviewing for substantial evidence, see Bandari v. INS, 227 F.3d 1160, 1165 (9th Cir.2000), we grant the petition for review, and remand for further proceedings.

The record compels reversal of the BIA’s adverse credibility determination. The BIA relied in part on inconsistencies between Abdi’s testimony and the report of the asylum officer who interviewed Abdi. 1 However, there is no indication that Abdi was placed under oath at the interview with the asylum officer or that Abdi was given an opportunity to comment on the evidence at the conclusion of the interview, and the asylum officer did not testify at the hearing. Moreover, the record does not sufficiently demonstrate the reliability of the report in that Abdi testified that his interpreter and the asylum officer appeared to have some difficulty communi-eating and that the asylum officer conducted the interview…

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