Immigration / Application for Asylum / Denial Because of Adverse Creditability

Tekle v. Mukasey
No. 05-76841 (07/18/08)
Before Circuit Judges Noonan, Fletcher, and Bea http://www.ca9.uscourts.gov/ca9/newopinions.nsf/730C76BFE2C9EBA288257489007CC9E5/$file/0576841.pdf?openelement


Tekle appeals the decision of the Immigration Judge (IJ), which the Board of Immigration Appeals (BIA) affirmed, denying her application for asylum. Tekle is a citizen of Ethiopia and an active member of the Oromo racial group that was being discriminated and mistreated in Ethiopia. Tekle testified that she was tortured during her arrest in Ethiopia and believed she would be arrested again if she were forced to return. The IJ did not believe her testimony, and the BIA affirmed, because there were slight variations in her story and her brother’s. Although the IJ found there were bad conditions in Ethiopia that the U.S. government acknowledged, Tekle’s story was not credible enough for asylum. The Ninth Circuit found that Tekle’s story was believable and the small variations were not significant enough for the IJ to discount Tekle’s need for asylum. In their analysis, the Ninth Circuit also stated the IJ based his decision on bad interpretations, not the truth, and that the IJ did not give Tekle a chance to explain the slight variations. The Ninth Circuit granted Tekle’s petition for review and remanded the case to a different IJ. GRANTED AND REMANDED.