Castro-Molina

MEMORANDUM **

David Cleyton Castro-Molina, a native and citizen of Peru, petitions pro se 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 protection under the Convention Against Torture (“CAT”). 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.

In the notice to appear, the government alleged Castro-Molina’s entry date, and Castro-Molina admitted to this date. Therefore, Castro-Molina’s entry date was undisputed and he established his asylum application was not time-barred. See Hakopian v. Mukasey, 551 F.3d 843, 847 (9th Cir.2008) (entry date is undisputed where government alleges entry date and petitioner admits government’s allegation).

Because the IJ declined to make an adverse credibility determination, Castro-Molina’s factual contentions are accepted as true, see Kalubi v. Ashcroft, 364 F.3d 1134, 1137 (9th Cir.2004) (“Testimony must be accepted as true in the absence of an explicit adverse credibility…