Kamgang

Kamgang v. Holder

Good Law
329 F. App'x 107
United States Court of Appeals for the Ninth CircuitMay 27, 2009No. 06-70038California471 words

Opinion

Lead Opinion

MEMORANDUM **

Martin Kamgang, a native and citizen of Cameroon, petitions pro se for review of the Board of Immigration Appeals’ 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. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Marcos v. Gonzales, 410 F.3d 1112, 1116 (9th Cir.2005), and we grant the petition for review.

Substantial evidence does not support the agency’s adverse credibility determination. See id. at 1117 . The IJ’s findings based on Kamgang’s incomplete description of the logo of the Union for Democratic Cameroon (“UFDC”), his lack of knowledge regarding the number of seats in the Cameroonian legislature or the UFDC slogan do not go to the heart of his claim or reveal anything about his fear for his safety. See Mendoza Manimbao v. Ashcroft, 329 F.3d 655, 660 (9th Cir.2003). Further, the IJ failed to consider Kamgang’s reasonable explanation for the date discrepancy on his UFDC membership card. See Kaur v. Ashcroft, 379 F.3d 876, 887 (9th Cir.2004) (adverse credibility finding is improper when the IJ…

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