Woldemichael

MEMORANDUM *

Petitioner Eyob Woldemichael is an Ethiopian national of Eritrean heritage. He first appeals the Bureau of Immigration Appeals’ denial of asylum, withholding of removal, and relief under the Convention Against Torture. Second, he appeals the BIA’s denial of a motion to reopen his removal proceedings based on newly discovered evidence. We have jurisdiction over both appeals pursuant to 8 U.S.C. § 1252 (a), grant Woldemichael’s first petition, and remand to the Attorney General for the exercise of discretion.

*714 I.

The BIA’s decision that an alien has not established eligibility for asylum is reviewed under the substantial evidence standard. Njuguna v. Ashcroft, 374 F.3d 765, 769 (9th Cir.2004); Hoque v. Ashcroft, 367 F.3d 1190, 1194 (9th Cir.2004). Since neither the Immigration Judge nor the BIA made an adverse credibility finding, we presume Woldemichael to be credible and take his factual contentions as true. Kataria v. INS, 232 F.3d 1107, 1114 (9th Cir.2000).

II.

The IJ assumed that Woldemichael established past persecution on the basis of his Eritrean ethnicity, but found that the presumption that he had a well-founded fear of future persecution had been…