Amde

Amde v. Holder

Good Law
325 F. App'x 510
United States Court of Appeals for the Ninth CircuitApril 27, 2009No. 04-72905California440 words

Opinion

Lead Opinion

MEMORANDUM **

Mikias Hadgu Amde, a native and citizen of Ethiopia, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Kaur v. Ashcroft, 379 F.3d 876, 884 (9th Cir.2004), and we grant the petition for review and remand.

*512 The government’s allegation of Amde’s entry date in its notice to appear, in combination with Amde’s admission of that date at his hearing before the IJ, constitutes a judicial admission of the fact of his entry date. Therefore, we conclude that Amde’s entry date was undisputed and that he has established that his asylum application was not time-barred. See Hakopian v. Muka-sey, 551 F.3d 843, 847 (9th Cir.2008) (where government alleges entry date and petitioner admits government’s allegation, entry date is undisputed). Therefore, we do not reach Amde’s contention that the one-year filing requirement violates his right to equal protection.

Substantial evidence does not support the IJ’s credibility findings regarding Amde’s lost identity…

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