Bahadur

MEMORANDUM **

Tika Bahadur, a native and citizen of Nepal, petitions for review of a Board of Immigration Appeals (“BIA”) decision affirming the ruling of an Immigration Judge (“U”) 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 .

Where, as here, the BIA adopts the decision of the IJ, we review.the IJ’s decision as if it were that of the BIA. See Hoque v. Ashcroft, 367 F.3d 1190, 1194 (9th Cir.2004). We review for substantial evidence, Baballah v. Ashcroft, 367 F.3d 1067, 1073 (9th Cir.2004), and we grant the petition in part, deny it in part, and remand.

Substantial evidence does not support the IJ’s adverse credibility determination. First, any inconsistencies between Bahadur’s testimony and application were minor in nature, and did not go to the heart of his claim. See Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001). Second, inconsistent statements made at an asylum interview cannot support an adverse credibility finding where the asylum officer fails to testify at the hearing. See Singh v. Gonzales, 403 F.3d 1081, 1087-90 (9th Cir.2005). Third, the IJ’s…