Pereira-Borges

Pereira-Borges v. Gonzales

Good Law
210 F. App'x 622
United States Court of Appeals for the Ninth CircuitDecember 8, 2006No. 05-72565California358 words

Opinion

Lead Opinion

MEMORANDUM **

Lead petitioner, Wausiman PereiraBorges, a native and citizen of Brazil, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s (“IJ”) order denying We have jurisdiction under 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 for review and remand.

Pereira-Borges promptly corrected any inconsistencies regarding the dates of his three encounters with the police and testified consistently as to the dates for the remainder of the hearing. See Smolniakova v. Gonzales, 422 F.3d 1037, 1046-47 (9th Cir.2005) (where the IJ failed to consider that petitioner immediately corrected her testimony, the IJ found an inconsistency where none exists). Likewise, an alleged inconsistency as to when PereiraBorges filed police reports is of minor import and does not go the heart of his claim of repeated targeting and abuse by the Brazilian police on account of his race and membership in a particular social group. See Wang v. Ashcroft, 341 F.3d 1015, 1021 (9th Cir.2003) (rejecting inconsistencies that were not material to the heart of petitioner’s…

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