9th Cir.

Joao Pedro Martins; T. M. M v. Pamela Bondi, Attorney General

March 2, 2026 ·UNKNOWN-1774557061259 ·Unpublished · By Raj Patel

The Ninth Circuit granted a petition for review of an immigration judge's denial of asylum and related relief. The court vacated the decision because the judge relied on multiple factual findings that lacked substantial evidence.

Background

Petitioners Joao Pedro Martins and his minor daughter, citizens of Angola, sought asylum, withholding of removal, and relief under the Convention Against Torture. The immigration judge denied their applications based on an adverse credibility determination involving multiple inconsistencies, omissions, and implausibilities.

The court’s reasoning

The court reviewed the adverse credibility determination for substantial evidence. It concluded that the immigration judge erred by relying on trivial inconsistencies, such as the timing of the petitioner’s father’s death, and by failing to give the petitioner an opportunity to explain apparent inconsistencies. The court also found that the judge’s finding of non-responsiveness was unsupported because the record showed the petitioner did not refuse to answer questions. The court held that the rejected findings gutted the adverse credibility determination, necessitating a remand.

What it means going forward

The case is remanded to the immigration judge to determine if the remaining factor alone suffices to support an adverse credibility determination. The judge may also consider reopening the record to allow further testimony.