Ali-Bukar v. Immigration And Naturalization Service

Aja Zanna Ali-Bukar, a native and citizen of Nigeria, petitions for review of the decision of the Board of Immigration Appeals ("the BIA" or "the Board") affirming the decision of the immigration Judge ("IJ") denying his application for withholding of deportation and asylum pursuant to 8 U.S.C. §§ 1253(h) and 1158(a). The BIA based its denial entirely on its finding of adverse credibility. Because this finding is not based on substantial evidence, we grant the petition, vacate the order and remand to the BIA for consideration of Ali-Bukars claims of fear of persecution for the purposes of establishing eligibility for asylum or withholding of deportation.