Payano

Payano v. Mukasey

Good Law
268 F. App'x 657
United States Court of Appeals for the Ninth CircuitMarch 6, 2008No. 04-74869California663 words

Opinion

lead Opinion

MEMORANDUM *

Manuel Dario Vilehez Payano (“Vil-chez”), a Peruvian national, applied for asylum under 8 U.S.C. § 1158 (a) and withholding of removal under 8 U.S.C. § 1231 (b)(3), alleging that Shining Path guerrillas had terrorized him in Peru and would do so again if he returned. The Immigration Judge (“IJ”) issued an oral opinion denying the asylum and withholding application because of an adverse credibility finding. The Board of Immigration Appeals (“BIA”) affirmed in a per curiam order without opinion and Vilehez petitioned this court for review. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, see Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004), and we grant the petition, remanding for a new determination on the merits.

Because the IJ described no “non-verbal communication,” substantial evidence does not support the finding that Vilchez’s demeanor undermined his credibility. Arulampalam v. Ashcroft, 353 F.3d 679, 686 (9th Cir.2003). Substantial evi *659 dence does not support the IJ’s conclusion that Vilchez’s testimony regarding the beatings he received lacked detail and therefore was not credible. See Singh v. Gonzales, 403 F.3d 1081,…

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