Bisrat

Bisrat v. Holder

Good Law
329 F. App'x 732
United States Court of Appeals for the Ninth CircuitJune 30, 2009No. 05-72923California788 words

Opinion

Lead Opinion

ORDER

Bisrat’s petition for panel rehearing is granted.

The memorandum disposition issued on March 24, 2009, is hereby withdrawn. A replacement disposition shall issue concurrently with this order.

The panel retains jurisdiction over any further petitions for rehearing.

MEMORANDUM **

Abraham Haile Bisrat, a native and citizen of Ethiopia, petitions 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 . Reviewing for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), we grant in part and deny in part the petition for review.

The IJ denied Bisrat’s withholding of removal claim because she found Bisrat incredible. In part, the IJ found Bisrat not credible because of his unclear testimony. This is not supported by substantial evidence because Bisrat was not given the chance to clarify his testimony. See He v. Ashcroft, 328 F.3d 593, 602 (9th Cir.2003) (adverse credibility finding based…

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