Ghebremedhin

MEMORANDUM **

Samson Mehari Ghebremedhin, a native and citizen of Eritrea, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s order denying his applications 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, Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002), and we review de novo questions of law, Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir.2003). We grant the petition for review and remand for further proceedings.

The BIA found Ghebremedhin not credible because during his airport credible fear interview he omitted information that he had been imprisoned and mistreated. The asylum officer who conducted the English-language interview did not testify at the hearing, and the record does not contain a transcript of the interview or the asylum officer’s notes. Substantial evi-

dence therefore does not support the BIA’s reliance on this omission to find Ghebremedhin incredible, because the record does not support the agency’s rejection of Ghebremedhin’s…