Hamedi

MEMORANDUM *

Hossein Hamedi petitions for review of two separate decisions by the Board of Immigration Appeals. In his first petition, Hamedi challenges the BIA’s affirmance without opinion of the Immigration Judge’s denial of Hamedi’s claims for asylum, withholding of removal, and relief under the Convention Against Torture. In the second, he attacks the BIA’s denial of his motion to reopen, which alleges that his first counsel was ineffective. We have jurisdiction over both petitions under 8 *875 U.S.C. § 1252 , and have consolidated them. We grant the petitions in part.

We grant the first petition in part, regarding Hamedi’s asylum claim. As the Government conceded, Hamedi’s asylum application was timely, since the one-year calculation should have been made using April 1, 1997 as the start date. 8 C.F.R. § 1208.4 (a)(2)(ii). Since the IJ denied Hamedi asylum solely on the basis of tardiness, this claim must be remanded for the agency to address it on the merits. See INS v. Ventura, 587 U.S. 12 , 123 S.Ct. 353 , 154 L.Ed.2d 272 (2002).

The withholding of removal and Convention Against Torture claims were denied based on an adverse credibility determination, which rested on…