United States Ninth Circuit

Petition for review of the Board of Immigration Appeals (BIA)'s decision denying petitioner asylum, withholding of removal, and relief under the Convention Against Torture, is granted and the matter is remanded, where: 1) the BIA erred by drawing an adverse inference from the low level of detail about persecution provided in petitioner's mistakenly filed N-400 citizenship application, which was not designed to elicit information about persecution; and 2) substantial evidence did not support the BIA's finding that petitioner was not credible on the ground that his citizenship and asylum applications were inconsistent. (Amended opinion)

Appellate Information

• Decided 09/23/2013
• Published 09/23/2013

Judges

• PREGERSON

Court

• United States Ninth Circuit

Counsel