Mayala

Mayala v. Holder

Good Law
318 F. App'x 535
United States Court of Appeals for the Ninth CircuitMarch 10, 2009No. 05-70472California652 words

Opinion

Lead Opinion

MEMORANDUM ***

Manu Mayala (“Mayala”), a native and citizen of the Democratic Republic of Congo, petitions for review of the Board of Immigration Appeals’s (“BIA”) affirmance of the Immigration Judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We grant the petition for review and remand for further proceedings consistent with this disposition.

Because we write primarily for the parties, we recite the facts only to the extent *537 necessary to explain our decision. Mayala argues that the BIA erred by affirming the IJ’s adverse credibility finding. We review adverse credibility findings for substantial evidence. Aguilera-Cota v. INS, 914 F.2d 1375, 1381 (9th Cir.1990) (citing Turcios v. INS, 821 F.2d 1396, 1399 (9th Cir.1987)). “Generally, minor inconsistencies and minor omissions relating to unimportant facts will not support an adverse credibility finding.” de Leon-Barrios v. INS, 116 F.3d 391 , 393 (9th Cir.1997). Similarly, “[i]f discrepancies ‘cannot be viewed as attempts by the applicant to enhance his claims of persecution,’ they have ‘no…

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