Unpub. BIA Credibility Victory from Oakdale

"We find that the Immigration Judge's partial adverse credibility finding is the product of clear error and will reverse it (I.J. at 13-14). ... we find that the perceived inconsistency identified by the Immigration Judge is not supported by the record and will assume that the respondent testified credibly for purposes of appeal. ... we find that the events recounted by the respondent and the supporting documentary evidence in the record establish that he suffered past persecution at the hands of the police officers on account of his sexual orientation... On remand, the parties should be allowed to provide further evidence, including additional testimony, regarding the respondent's eligibility for withholding of removal and protection under CAT." - Matter of X-, April 11, 2013.