Diaz-Gramajo

Diaz-Gramajo v. Gonzales

Good Law
232 F. App'x 726
United States Court of Appeals for the Ninth CircuitMay 23, 2007No. 05-74044California276 words

Opinion

Lead Opinion

MEMORANDUM **

Alvaro Arturo Diaz-Gramajo, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of the Immigration Judge’s (“IJ”) order denying his application for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We grant the petition for review and remand.

*727 Diaz-Gramajo testified that his initial asylum application was prepared by a non-attorney who omitted key elements of his claim and advised him to remain consistent with the incomplete version of the application. We conclude that the IJ did not provide a specific and cogent basis for finding that Diaz-Gramajo’s explanation, for the omission in his initial asylum application, was not credible. See Alvarez-Santos v. INS, 332 F.3d 1245, 1254 (9th Cir.2003).

The IJ’s remaining adverse credibility findings, based on two of the Diaz-Gramajo’s documents, are not supported by substantial evidence. The IJ did not offer Diaz-Gramajo an opportunity to explain the perceived inconsistency involving his student identification card. See Guo v. Ashcroft, 361 F.3d 1194, 1200 (9th…

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