Gebrewolde v. Holder

• Court: Court of Appeals for the Fourth Circuit
• Decided: November 4, 2010
• Docket: 09-2028
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-2028

KALEAB GEBREWOLDE, a/k/a Kaleab Grewolde,

Petitioner,

v.

ERIC H. HOLDER, JR., Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals.

Submitted: October 18, 2010 Decided: November 4, 2010

Before TRAXLER, Chief Judge, GREGORY, Circuit Judge, and HAMILTON, Senior Circuit Judge.

Petition granted and remanded by unpublished per curiam opinion.

James Feroli, IMMIGRANT AND REFUGEE APPELLATE CENTER, Alexandria, Virginia, for Petitioner. Tony West, Assistant Attorney General, Civil Division, Terri J. Scadron, Assistant Director, Office of Immigration Litigation, Wendy Benner-León, Trial Attorney, Office of Immigration Litigation, Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Kaleab Gebrewolde, a native and citizen of Ethiopia,

petitions for review of an order of the Board of Immigration

Appeals (“Board”) dismissing his appeal from the immigration

judge’s order finding he was not credible and denying his

applications for asylum, withholding of removal, and withholding

of removal under the Convention Against Torture (“CAT”). The

Court grants the petition for review and remands to the Board

for reconsideration of Gebrewolde’s claims in light of Kourouma

v. Holder, 588 F.3d 234 (4th Cir. 2009). We dispense with oral

argument because the facts and legal contentions are adequately

presented in the materials before the court and argument would

not aid the decisional process.

PETITION GRANTED AND REMANDED