Omondiagba

Omondiagba v. Mukasey

Good Law
268 F. App'x 580
United States Court of Appeals for the Ninth CircuitFebruary 29, 2008No. 04-73961California646 words

Opinion

lead Opinion

MEMORANDUM *

Francis Omon Omondiagba, a native and citizen of Nigeria, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal and denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Because the parties are familiar with the factual and procedural history, we will not recount it here. We grant the petition for review.

Where the BIA has adopted the decision of the Immigration Judge (“IJ”), we review the IJ’s decision as if it were that of the BIA. See Abebe v. Gonzales, 482 F.3d 1037 , 1041 (9th Cir.2005) (en banc). We review the IJ’s denial of asylum or withholding of removal for substantial evidence. See Kaur v. Ashcroft, 379 F.3d 876, 884 (9th Cir.2004). Additionally, we review adverse credibility findings for substantial evidence and reverse “only if the evidence compels a contrary conclusion.” See Singh v. Gonzales, 439 F.3d 1100, 1105 (9th Cir.2006).

I

None of the grounds upon which the IJ relied in making an adverse credibility finding as to Omondiagba’s asylum claim can be sustained. The reasons given by the IJ involved speculation, minor inconsistencies that did not…

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