Maldonado

MEMORANDUM **

Luis Caferino Mendez Maldonado, a native and citizen of Guatemala, and his wife, Rosa Martinez Norato, a native and citizen of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from the immigration judge’s (“IJ”) decision denying their application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence. Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 998 (9th Cir.2003). We deny in part, dismiss in part, and grant in part the petition for review.

The IJ found Maldonado not credible based on inconsistencies between Maldonado’s testimony and his documents. Substantial evidence does not support this determination because the IJ failed to consider Maldonado’s explanations that a non-attorney prepared his asylum application and did not read it back to him, Maldonado cannot read or write, he did not recall making an amended asylum declaration for his attorney, and he was very young when the claimed incident occurred. See Kaur v. Ashcroft, 379 F.3d 876, 887 (9th Cir.2004) (“An adverse…