Allan Ong Chua Tak v. Gonzales

MEMORANDUM **

Allan Ong Chua Tak, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) decision denying his application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003), and we grant the petition and remand.

*216 Although the IJ’s opinion provided detailed reasons for finding that Tak’s brother lacked credibility as a witness, she failed to make a credibility finding with respect to Tak’s testimony. In the absence of an explicit adverse credibility finding, we must assume that Tak’s factual contentions are true. Kataria v. INS, 232 F.3d 1107, 1114 (9th Cir.2000).

The IJ’s conclusion that Tak’s abduction and beating by members of the New People’s Army had no nexus to a protected ground is not supported by substantial evidence. Contrary to the IJ’s observation that the incident may have been economically motivated, neither the record nor Tak’s testimony suggests that there was any burglary or theft attempt, and Tak’s attackers told him they were there…