Nosa

MEMORANDUM **

Petro Pehovich Nosa (“Nosa”), a Jewish citizen of Ukraine, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) denying his application for asylum on the basis of a finding of adverse credibility. That decision, which was based on “a review of the record,” affirmed the Immigration Judge’s (“IJ”) decision that Nosa was not credible and that Nosa’s testimony was not supported by the background country conditions evidence of record. The BIA also made an independent finding that Nosa had not adequately explained the discrepancies in the record that rendered him incredible. Because the BIA conducted an independent review of the IJ’s findings, we review the BIA’s decision. Kankwmalage v. INS, 335 F.3d 858, 861 (9th Cir.2003). We review the IJ’s opinion only to the extent that it was “expressly adopted” by the BIA. Shah v. INS, 220 F.3d 1062, 1067 (9th Cir.2000). We have jurisdiction under 8 U.S.C. § 1252 . Because the agency’s adverse credibility determination was not supported by substantial evidence, we grant the petition, reverse, and remand for further proceedings.

We reverse because the inconsistencies identified by the BIA, and to the…