Alves-Santana

MEMORANDUM **

Ademir Alves-Santana, a native and citizen of Brazil, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an immigration judge’s (“IJ”) decision denying his applications for asylum, withholding of removal, and voluntary departure. We have jurisdiction under 8 U.S.C. § 1252 . Reviewing legal issues and constitutional claims de novo, Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir.2003), and the agency’s findings regarding credibility and eligibility for relief for substantial evidence, Singh v. Ashcroft, 362 F.3d 1164, 1168 (9th Cir.2004), we grant the petition for review in part, deny in part, and remand for further proceedings.

Substantial evidence does not support the agency’s adverse credibility determination. That Alves-Santana entered a guilty plea in state court in order to avoid further jail time, even though he did not commit the crime, is an improper basis for finding that Alves-Santana was not credible regarding his asylum claim. See Turcios v. INS, 821 F.2d 1396, 1400 (9th Cir.1987) (“[ujntrue statements by themselves are not reason for refusal of refugee status”). The record does not support…