Azarak

Azarak v. Gonzales

Good Law
244 F. App'x 144
United States Court of Appeals for the Ninth CircuitJuly 25, 2007No. 05-73825California1,121 words

Opinion

Lead Opinion

MEMORANDUM **

Atom Azarak, a native and citizen of the Central African Republic (“CAR”), petitions for review of the Board of Immigration Appeal’s (“BIA”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Azarak claims he was detained and repeatedly beaten by government authorities because he is a member of the Yacoma tribe and was accused of being involved in the former president’s 2001 coup attempt. “Where, as here, the BIA adopts the [Ijmmigration [Jjudge’s decision and also adds its own reasons, we review both decisions.” Nuru v. Gonzales, 404 F.3d 1207, 1215 (9th Cir.2005). As long as one of the Immigration Judge’s (“IJ”) identified reasons for disbelief underlying an adverse credibility finding is supported by substantial evidence, we are bound to accept the negative credibility finding. Li v. Ashcroft, 378 F.3d 959, 964 (9th Cir.2004). Here, however, the IJ’s and the BIA’s adverse credibility determinations were not supported by substantial evidence, and thus we grant the petition and remand to the BIA for further proceedings. See Kaur v. Ashcroft, 379 F.3d 876, 890 (9th Cir.2004).

The IJ’s assertion…

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