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Bassene v. Holder

United States Court of Appeals, Ninth Circuit

July 23, 2013

Alphonse Charles Bassene, Petitioner,
v.
Eric H. Holder, Jr., Attorney General, Respondent.

Argued and Submitted October 12, 2012 —Pasadena, California.

Amended September 23, 2013.

On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A076-389-204.

COUNSEL

Nene Thiaba Mour Samb (argued), Samb and Associates, LLC, Minneapolis, Minnesota, for Petitioner.

Marion E. Guyton (argued), Trial Attorney, Office of Immigration Litigation Civil Division, United States Department of Justice, Washington, D.C., for Respondent.

Before: Harry Pregerson and William A. Fletcher, Circuit Judges, and Lawrence L. Piersol, Senior District Judge. [*]

SUMMARY[**]

Immigration

The panel granted a petition for review of the Board of Immigration Appeals' decision denying on adverse credibility grounds asylum, withholding of removal, and protection under the Convention Against Torture to a native and citizen of Senegal.

The panel held that the Board 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. The panel further held that substantial evidence did not support the Board's finding of inconsistencies between petitioner's N-400 application and his later filed I-589 asylum application. The panel remanded for further consideration taking petitioner's testimony as credible.

ORDER

The Opinion filed on July 23, 2013 is amended as follows: On slip opinion page 9, line 18, remove the following text:

<We agree with the IJ's decision to treat the one-year filing requirement for asylum as running from the day Bassene's J-1 visa expired. We also agree with the IJ's decision to treat Bassene's mistakenly filed N-400 citizenship application as a quasi-asylum application and we find that it was timely filed within the one-year period.>
On page 9, line 18, insert the following text:
<The IJ also decided to treat Bassene's mistakenly filed N-400 citizenship application as a quasi-asylum application.>

OPINION

PREGERSON, CIRCUIT JUDGE

Alphonse Charles Bassene ("Bassene"), a native and citizen of Senegal, petitions for review of the Board of Immigration Appeals ("BIA") decision denying his application for asylum, withholding of removal, and relief under the ...


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