Jacob

Jacob v. Holder

Good Law
339 F. App'x 767
United States Court of Appeals for the Ninth CircuitJuly 30, 2009No. 05-73047California708 words

Opinion

Lead Opinion

MEMORANDUM **

Rafil Amanouel Jacob, his wife Veera Aslaan Jacob, and their two children, natives and citizens of Iraq, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their 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, Lopez v. Ashcroft, 366 F.3d 799, 802 (9th Cir.2004), we grant the petition for review, and remand.

In the amended notice to appear, the government alleged that the Jacobs were admitted to the United States on March 31, 2002, and the Jacobs admitted this allegation. The agency’s credibility findings with respect to the circumstances of the Jacobs’ entry and subsequent travel within the United States do not disturb the judicially admitted date of entry. See Hakopian v. Mukasey, 551 F.3d 843, 846-47 (9th Cir.2008). Therefore, we conclude the Jacobs’ entry date was undisputed and that they established their asylum application was timely. See id. at 847 (where government alleges entry date and petitioner admits government’s…

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