Ebeid
Ebeid v. Mukasey
Opinion
Lead Opinion
MEMORANDUM *
Amir Roushdy Shaker Ebeid and his wife, Wafa Sahid Ayou Hanna, natives and citizens of Egypt, petition for review of the Board of Immigration Appeals’ (“BIA”) order affirming, without opinion, an immigration judge’s (“IJ”) decision denying their applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Because the parties are aware of the facts of this case, we do not recount them here. We have jurisdiction under 8 U.S.C. § 1252 . Reviewing factual findings for substantial evidence and questions of law de novo, Mashiri v. Ashcroft, 383 F.3d 1112, 1118-19 (9th Cir.2004), we grant in part and deny in part the petition for review.
The IJ concluded that the petitioners’ testimony was credible. Deference is given to the IJ’s credibility determination, because the IJ is in the best position to assess the trustworthiness of the applicant’s testimony. See Mendoza Manimbao v. Ashcroft, 329 F.3d 655, 661 (9th Cir.2003); Canjura-Flores v. INS, 784 F.2d 885, 888 (9th Cir.1985).
The IJ’s determination that petitioners failed to establish past persecution is not supported by substantial evidence. The IJ found that petitioners…