Lumentut

Lumentut v. Mukasey

Good Law
276 F. App'x 558
United States Court of Appeals for the Ninth CircuitApril 28, 2008No. 04-72704California272 words

Opinion

Lead Opinion

MEMORANDUM **

Anita Theresia Lumentut and her husband, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) decision denying their applications for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003), and we grant the petition for review.

The IJ found that Anita Lumentut had not established past persecution or a well-founded fear of future persecution, and determined that Melkior Lumentut’s testimony that his house was set afire by Muslim extremists was not credible.

Substantial evidence does not support the IJ’s determination that Melkior Lumentut’s testimony concerning the reli *559 gious motivation for the 1993 burning of his house was not credible, because there is no inconsistency between his testimony and the police report statement that the perpetrators were Muslim proselytizers. See Singh v. Ashcroft, 301 F.3d 1109, 1112 (9th Cir.2002). In addition, the IJ’s demeanor finding regarding how much emotion Melkior…

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