FILED
NOT FOR PUBLICATION JUL 30 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
LENORD JOVIN, No. 07-73799
Petitioner, Agency No. A095-891-198
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 22, 2014 **
Before: GOODWIN, CANBY, and CALLAHAN, Circuit Judges
Lenord Jovin, a native and citizen of Haiti, petitions for review of the Board
of Immigration Appeals’ (“BIA”) order dismissing his appeal from the
immigration judge’s decision denying his application for asylum, withholding of
removal, and relief under the Convention Against Torture (“CAT”). Our
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence
the agency’s adverse credibility determination. Tekle v. Mukasey, 533 F.3d 1044,
1051 (9th Cir. 2008). We dismiss in part and grant in part the petition for review,
and we remand.
We lack jurisdiction to consider Jovin’s challenge to the BIA’s denial of
voluntary departure. See 8 U.S.C. § 1252(a)(2)(B)(i); see also Gil v. Holder, 651
F.3d 1000, 1006 (9th Cir. 2011) (court lacks jurisdiction to review discretionary
denial of voluntary departure where no legal question raised).
Substantial evidence does not support the agency’s finding that Jovin’s
asylum application omitted reference to receiving threats before June 18, 2002.
See Bandari v. INS, 227 F.3d 1160, 1167 (9th Cir. 2000) (reversing where IJ’s
determination that testimony and application were inconsistent was not supported
by the record.). Substantial evidence also does not support the agency’s finding
that Jovin’s testimony regarding his father’s death is contradicted by a report in the
record. See id. Accordingly we grant the petition for review and remand Jovin’s
asylum, withholding of removal and CAT claims on an open record for further
proceedings consistent with this disposition. See INS v. Ventura, 537 U.S. 12, 16-
18 (2002); Soto-Olarte v. Holder, 555 F.3d 1089, 1095-96 (9th Cir. 2009). Each
party shall bear its own costs for this petition for review.
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PETITION FOR REVIEW DISMISSED in part; GRANTED in part,
REMANDED.
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