Toma

Toma v. Mukasey

Good Law
270 F. App'x 648
United States Court of Appeals for the Ninth CircuitMarch 19, 2008No. 05-73259California768 words

Opinion

Lead Opinion

MEMORANDUM **

Sohar Jalal Toma (“Toma”), a native and citizen of Iraq, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming, without opinion, the decision of an Immigration Judge (“IJ”) finding him not credible and denying his application for asylum, withholding of removal, relief under the Convention *650 Against Torture (“CAT”) and humanitarian asylum. We have jurisdiction under 8 U.S.C. § 1252 . We review the IJ’s decision directly because the BIA adopted it as the final agency determination. See Mashiri v. Ashcroft, 383 F.3d 1112, 1118 (9th Cir.2004). We grant the petition and remand.

We examine the record to determine whether substantial evidence supports the conclusion that Toma is not credible. See Gui v. I.N.S., 280 F.3d 1217, 1225 (9th Cir.2002). Substantial evidence does not support the IJ’s adverse credibility determination. In the IJ’s decision, the IJ admits that Toma’s inconsistent testimony regarding the complexities of the different Kurdish groups, by itself, would not be enough to support an adverse credibility determination. The other basis for the IJ’s adverse credibility determination, that Toma’s statement of…

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