Mboowa v. Lynch, No. 13-1367 (1st Cir. 2015)
Annotate this CasePetitioner, a native and citizen of Uganda, was served with a notice to appear in immigration removal proceedings. Petitioner petitioned for asylum, withholding of removal, and protection under the United Nations Convention Against Torture. Primarily on the basis of four incidents, Petitioner testified that he feared he would be detained or killed if forced to return to Uganda. An Immigration Judge (IJ) found that Petitioner’s testimony was not credible and, thus, denied relief. The Board of Immigration Appeals (BIA) affirmed, concluding that the discrepancies in portions of Petitioner’s testimony provided specific cogent reasons for the IJ’s adverse credibility determination. The First Circuit vacated the BIA’s order, holding that the record did not support two of the purported inconsistencies that the BIA considered critical in discrediting Petitioner’s account. Remanded.
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