Shrestha

MEMORANDUM **

Bijay Shrestha, a native and citizen of Nepal, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, applying the standards governing adverse credibility determinations created by the REAL ID Act. Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir.2010). We grant the petition for review and remand.

The BIA denied Shrestha’s claims for relief based on the IJ’s adverse credibility determination. Substantial evidence does not support the BIA’s reliance on a discrepancy between Shrestha’s testimony and his statements to the asylum officer regarding the number of people who attacked him. See Ren v. Holder, 648 F.3d 1079, 1089 (9th Cir.2011) (adverse credibility determination was not supported under the “totality of the circumstances”). Further, in reviewing Shrestha’s appeal, the BIA did not address Shrestha’s contention that he was not given an opportunity to…