Sipos

MEMORANDUM **

Simona Adina Sipos and her son, natives and citizens of Romania, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Soto-Olarte v. Holder, 555 F.3d 1089, 1091 (9th Cir.2009), and we grant the petition for review.

Substantial evidence does not support the agency’s adverse credibility determination based on Sipos’ false statements given during an airport interview, because the agency failed to adequately address Sipos’ explanation for lying during the interview. See id. at 1091-92 ; cf. Li v. Ashcroft, 378 F.3d 959, 963 (9th Cir.2004) (IJ considered and rejected the petitioner’s explanation in light of additional omissions from declarations filed after the airport interview). In addition, substantial evidence does not support the agency’s adverse credibility determination based on Sipos’ return to Romania, because contrary to the IJ’s finding, Sipos explained why she could not bring her son…