Koussa

Koussa v. Holder

Good Law
346 F. App'x 258
United States Court of Appeals for the Ninth CircuitSeptember 29, 2009No. 03-70599California1,174 words

Opinion

Lead Opinion

MEMORANDUM ***

Petitioners Ganit Micheil Gergies Koussa and her son, Maged Nashid, 1 petition for review of a decision of the Board of Immigration Appeals (“BIA”) affirming the Immigration Judge’s (“IJ”) denial of their application for asylum and withholding of removal. The IJ denied relief after making an adverse-credibility determination. We conclude that the IJ’s adverse-credibility determination is not supported by substantial evidence. We therefore grant Koussa’s petition and remand on an open record. We dismiss Nashid’s petition for lack of jurisdiction in light of the BIA’s September 24, 2007, order to reopen and terminate his removal proceedings. See Lopez-Ruiz v. Ashcroft, 298 F.3d 886, 887 (9th Cir.2002) (order).

Where, as here, the BIA adopts the IJ’s decision without issuing an opinion, it is the IJ’s decision that is reviewed as the final agency determination. Knezevic v. Ashcroft, 367 F.3d 1206, 1210 (9th Cir.2004). We review an adverse-credibility determination for substantial evidence. Rivera v. Mukasey, 508 F.3d 1271, 1274 (9th Cir.2007). Even if some factors relied on by the IJ are unsupported or irrelevant, we will uphold an adverse-credibility finding “so…

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