Mohammed v. Ashcroft
Mohammed v. Ashcroft
Opinion of the Court
MEMORANDUM
Samya Siraje Mohammed (“Mohammed”), a citizen of Ethiopia, appeals a decision of the Board of Immigration Appeals (“BIA”) denying her application for asylum and withholding of removal. Because the BIA summarily affirmed the decision of the Immigration Judge (“IJ”), we review the IJ’s decision as if it were that of the BIA. See Al-Harbi v. INS, 242 F.3d 882, 887-88 (9th Cir. 2001).
The IJ denied Mohammed relief because of an adverse credibility determination. This determination was based on a number of reasons, all of which were either factually or legally erroneous. Factually, the IJ faulted Mohammed because of evidence the IJ said was missing from Mohammed’s testimony and her application. However, not only was this evidence in the record, it was particularly important, like Mohammed’s testimony about ethnic cleansing. Furthermore, the IJ erred by failing to discuss Mohammed’s corroborating evidence.
Legally, the IJ made her determination on grounds that are impermissible under Ninth Circuit law. For example, the IJ erroneously based her decision in part on a series of minor inconsistencies in dates. See, e.g., Bandari v. INS,
We also find the IJ’s treatment of Mohammed during the hearing patently offensive. Throughout the proceedings, the IJ addressed Mohammed with incredulity and contempt. In one particularly egregious example, the IJ accused Mohammed of turning her children into “other people’s slaves” because Mohammed left some of her children in the care of the Italian family that took Mohammed after the government “cleansed” her ancestral home, employed her for ten years, and helped her escape to the United States. The IJ went on to badger Mohammed, “So you abandoned all five children to save yourself?”, repeated the slavery accusation in her oral decision, and used Mohammed’s denials as a further basis for the adverse credibility determination. Such behavior is intolerable and undermines the integrity of the proceedings. See Garrovillas v. INS, 156 F.3d 1010, 1015 (9th Cir. 1998). Therefore, upon remand, we order that the case be assigned to a different IJ who will treat Mohammed with impartiality and respect.
For the foregoing reasons, we GRANT the petition, REVERSE the IJ’s adverse credibility determination, and REMAND for further proceedings before another Immigration Judge on Mohammed’s asylum and withholding claims.
PETITION GRANTED; REVERSED; MATTER REMANDED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.