Seble Kebede v. John Ashcroft, Attorney Gen., 366 F.3d 808 (9th Cir. 2004). · Go Syfert
Seble Kebede v. John Ashcroft, Attorney Gen., 366 F.3d 808 (9th Cir. 2004). Cases Citing This Book View Copy Cite
155 citation events (155 in the last 25 years) across 7 distinct courts.
Strongest positive: Cabuya v. Garland (ca5, 2024-11-27)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Cabuya v. Garland
5th Cir. · 2024 · quote attribution · 1 verbatim quote · confidence high
a victim of sexual assault does not irredeemably compromise his or her credibility by failing to report the assault at the first opportunity.
discussed Cited as authority (verbatim quote) Mousa v. Mukasey
9th Cir. · 2008 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a victim of sexual assault does not irredeemably compromise his or her credibility by failing to report the assault at the first opportunity.
discussed Cited as authority (verbatim quote) Shtaro, Violeta v. Gonzales, Alberto
7th Cir. · 2006 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
victim of sexual assault does not irredeemably compromise his or her credibility by failing to 8 no. 04-4201 report the assault at the first opportunity
examined Cited as authority (quoted) Afolabi v. Ashcroft (3×) also: Cited as authority (rule), Cited "see"
9th Cir. · 2005 · signal: see · quote attribution · 1 verbatim quote · confidence high
a victim of sexual assault does not irredeemably compromise his or her credibility by failing to report the assault at the first opportunity.
discussed Cited as authority (rule) State v. Hovinghoff
Utah Ct. App. · 2025 · confidence medium
See, e.g., State v. Jok, 2019 UT App 138, ¶ 24 , 449 P.3d 610 (“[T]he reality [is] that rape victims display a diverse range of reactions to the harm they suffered.”), aff’d, 2021 UT 35 , 493 P.3d 665 ; Kebede v. Ashcroft, 366 F.3d 808, 811 (9th Cir. 2004) (rejecting “the assumption that the timing of a victim’s disclosure of sexual assault is a bellwether of truth” (cleaned up)); People v. Brown, 883 P.2d 949, 956 (Cal. 1994) (en banc) (“The overwhelming body of current empirical studies, data, and other information establishes that it is not inherently ‘natural’ for the vi…
discussed Cited as authority (rule) Sonmez v. WP Company, LLC
D.C. · 2025 · confidence medium
See, e.g., Battle v. United States, 630 A.2d 211, 217 (D.C. 1993) (acknowledging the prevalence of outdated “assumptions that sexual offense victims are generally lying and that the victim’s failure to report the crime promptly is inconsistent with the victim’s current statement that the assault occurred”); State v. Hill, 578 A.2d 370, 374-77 (N.J. 1990) (discussing how the law has long been shaped by the “sexist expectation[]” that delay in reporting rape undermines credibility, when in fact many cases of rape are not reported or are reported late because of women’s fears about …
discussed Cited as authority (rule) Francisco Flores Barrera v. Merrick Garland (2×)
9th Cir. · 2022 · confidence medium
See Paramasamy v. Ashcroft, 295 F.3d 1047, 1050, 1053 (9th Cir. 2002) (observing that the petitioner “was not asked in her airport interview about the details or conditions of her Army confinement, so her failure to mention the sexual assault there cannot be considered an inconsistency”); Kebede v. Ashcroft, 366 F.3d 808, 811 (9th Cir. 2004) (considering the “timing” of the petitioner’s disclosure of sexual assault, not whether it contradicted prior testimony); Mousa v. Mukasey, 530 F.3d 1025, 1028 (9th Cir. 2008) (similar).
cited Cited as authority (rule) Satnam Singh v. William Barr
9th Cir. · 2020 · confidence medium
Kebede v. Ashcroft, 366 F.3d 808, 812 (9th Cir. 2004) (citation omitted).
discussed Cited as authority (rule) Mandip Singh v. William Barr (2×) also: Cited "see"
9th Cir. · 2019 · confidence medium
“Humanitarian asylum based on past persecution may be granted where the petitioner has suffered ‘atrocious forms of persecution.’” Singh, 914 F.3d at 662 (quoting Kebede v. Ashcroft, 366 F.3d 808, 812 (9th Cir. 2004)).
discussed Cited as authority (rule) Ranjit Singh v. William Barr
9th Cir. · 2019 · confidence medium
Even if the government has not rebutted the presumption of a well-founded fear of future persecution, the BIA may grant humanitarian asylum “where the petitioner has suffered ‘atrocious forms of persecution.’” Id. at 662 (quoting Kebede v. Ashcroft, 366 F.3d 808, 812 (9th Cir. 2004)).
discussed Cited as authority (rule) Narinder Singh v. Matthew Whitaker
9th Cir. · 2019 · confidence medium
Humanitarian asylum based on past persecution may be granted where the petitioner has suffered “atrocious forms of persecution.” Kebede v. Ashcroft, 366 F.3d 808, 812 (9th Cir. 2004) (quoting Lopez-Galarza v. INS, 99 F.3d 954 , 960 (9th Cir. 1996)).
discussed Cited as authority (rule) Moris Quiroz Parada v. Jefferson Sessions, III
9th Cir. · 2018 · confidence medium
Id. at 764 ; see also Navas v. INS, 217 F.3d 646 , 657–61 (9th Cir. 2000) (holding that Salvadoran military imputed pro- guerilla political opinion to petitioner due to his aunt and uncle’s political affiliations); Lopez-Galarza v. INS, 99 F.3d 954 , 959–60 (9th Cir. 1996) (concluding that Sandinistas imputed political opinion to petitioner based on her family’s ties to the former government); Silaya v. Mukasey, 524 F.3d 1066 , 1070–71 (9th Cir. 2008) (“[E]vidence ‘that the alleged persecutor acted because of a petitioner’s family’s political associations is sufficient’ to …
discussed Cited as authority (rule) Rajinder Singh v. Loretta E. Lynch
9th Cir. · 2016 · confidence medium
Humanitarian asylum, where there is little likelihood of future persecution, is reserved for rare cases where a petitioner has suffered “atrocious forms of persecution.” Kebede v. Ashcroft, 366 F.3d 808, 812 (9th Cir. 2004) (citation omitted).
examined Cited as authority (rule) Lydia Garcia-Milian v. Eric Holder, Jr. (4×)
9th Cir. · 2014 · confidence medium
Kebede v. Ashcroft, 366 F.3d 808, 812 (9th Cir. 2004).
discussed Cited as authority (rule) Aregnaz Aslanyan v. Eric Holder, Jr.
9th Cir. · 2014 · confidence medium
We have “rejected ‘the assumption that the timing of a victim’s disclosure of sexual assault is a bellwether of truth.’ ” Kebede v. Ashcroft, 366 F.3d 808, 811 (9th Cir.2004) (quoting Paramasamy v. Ashcroft, 295 F.3d 1047, 1053 (9th Cir.2002)).
examined Cited as authority (rule) Lydia Garcia-Milian v. Eric Holder, Jr. (4×)
9th Cir. · 2013 · confidence medium
Kebede v. Ashcroft, 366 F.3d 808, 812 (9th Cir.2004).
discussed Cited as authority (rule) Delila Lopez-De Molina v. Eric Holder, Jr.
9th Cir. · 2013 · confidence medium
See Hu, 652 F.3d at 1018-20 (imputed political opinion was a motivating factor in petitioner’s abuse); Kebede v. Ashcroft, 366 F.3d 808, 812 (9th Cir.2004) (rape on account of petitioner’s family background).
discussed Cited as authority (rule) Karine Terteryan v. Eric H. Holder Jr.
9th Cir. · 2013 · confidence medium
E.g., Kebede v. Ashcroft, 366 F.3d 808, 811 (9th Cir.2004) (“A victim of sexual assault does not irredeemably compromise his or her credibility by failing to report the assault at the first opportunity.”); Paramasamy v. Ashcroft, 295 F.3d 1047, 1053 (9th Cir.2002) (same).
discussed Cited as authority (rule) United States v. Edward Stamper
9th Cir. · 2013 · confidence medium
Stamper further challenges the sufficiency of the evidence by contending that the victim made no “proactive” attempt to “notify! ] police of a sexual assault.” But we have noted that “[a] victim of sexual assault does not irredeemably compromise his or her credibility by failing to report [an] assault at the first opportunity.” Kebede v. Ashcroft, 366 F.3d 808, 811 (9th Cir.2004) (in the immigration context).
discussed Cited as authority (rule) Artak Ghulyan v. Eric H. Holder Jr. (2×)
9th Cir. · 2012 · confidence medium
We review an IJ’s “credibility findings under the deferential substantial evidence standard.” Kebede v. Ashcroft, 366 F.3d 808, 810 (9th Cir. 2004) (internal quotation marks omitted).
discussed Cited as authority (rule) Jerezhino Lamont v. Eric Holder, Jr. (2×)
9th Cir. · 2012 · confidence medium
See Cordon-Garcia, 204 F.3d at 991-92 ; Kebede v. Ashcroft, 366 F.3d 808, 812 (9th Cir.2004).
discussed Cited as authority (rule) Lapuste v. Holder
9th Cir. · 2011 · confidence medium
Humanitarian asylum may be granted where a petitioner has suffered “atrocious forms of persecution,” Kebede v. Ashcroft, 366 F.3d 808, 812 (9th Cir.2004) (citation and internal quotation marks omitted); Matter of Chen, 20 I. & N. Dec. 16, 19 (BIA 1989), but “has been reserved for rare situations ... where the alien establishes that, regardless of any threat of future persecution, the circumstances surrounding the past persecution were so unusual and severe that he is unable to return to his home country,” Vongsakdy v. INS, 171 F.3d 1203, 1205 (9th Cir.1999).
discussed Cited as authority (rule) Avina-Renteria v. Holder (2×)
9th Cir. · 2011 · confidence medium
Kebede v. Ashcroft, 366 F.3d 808, 809 (9th Cir. 2004).
discussed Cited as authority (rule) Sharma v. Holder (2×)
9th Cir. · 2011 · confidence medium
I Our precedent holds that "evidence `[t]hat the alleged persecutor acted because of a petitioner's family's political associations is sufficient' to satisfy the motive requirement." Silaya v. Mukasey, 524 F.3d 1066, 1070-71 (9th Cir.2008) (quoting Kebede v. Ashcroft, 366 F.3d 808, 812 (9th Cir.2004) (citing Lopez-Galarza v. I.N.S., 99 F.3d 954 , 960 (9th Cir.1996))).
discussed Cited as authority (rule) Sierra-Cardona v. Holder
9th Cir. · 2010 · confidence medium
While it is true that in some circumstances failure to disclose an instance of rape prior to an asylum hearing cannot alone support an adverse credibility finding, Kebede v. Ashcroft, 366 F.3d 808, 811 (9th Cir.2004), the BIA found the record as a whole undermines Sierra-Cardona’s credibility.
discussed Cited as authority (rule) Huayun Liao v. Holder
9th Cir. · 2010 · confidence medium
Although “faulty or unreliable translations can undermine the evidence on which an adverse credibility determination is based,” He v. Ashcroft, 328 F.3d 593, 598 (9th Cir.2003), substantial evidence shows that the inconsistency between Liao’s written application and testimony had more to do with prevarication than errors in translation, cf Kebede v. Ashcroft, 366 F.3d 808, 811 (9th Cir.2004).
discussed Cited as authority (rule) Ramos-Lopez v. Holder
9th Cir. · 2009 · confidence medium
When, as here, the BIA summarily affirms the IJ’s decision, we review the IJ’s decision as the final agency action. 8 C.F.R. § 1003.1 (e)(4)(ii); Zehatye v. Gonzales, 453 F.3d 1182, 1184 (9th Cir.2006) (citing Kebede v. Ashcroft, 366 F.3d 808, 809 (9th Cir.2004)).
discussed Cited as authority (rule) Ramos-Lopez v. Holder
9th Cir. · 2009 · confidence medium
When, as here, the BIA summarily affirms the IJ’s decision, we review the IJ’s decision as the final agency action. 8 C.F.R. § 1003.1 (e)(4)(ii); Zehatye v. Gonzales, 453 F.3d 1182, 1184 (9th Cir. 2006) (citing Kebede v. Ashcroft, 366 F.3d 808, 809 (9th Cir. 2004)).
cited Cited as authority (rule) Kallas v. Holder
9th Cir. · 2009 · confidence medium
Kebede v. Ashcroft, 366 F.3d 808, 811 (9th Cir.2004).
cited Cited as authority (rule) Kallas v. Holder
9th Cir. · 2009 · confidence medium
Kebede v. Ashcroft, 366 F.3d 808, 811 (9th Cir.2004).
discussed Cited as authority (rule) Clemente-Giron v. Holder (2×)
8th Cir. · 2009 · confidence medium
The relied-upon cases only lend credence to the notion that “[mjinor discrepancies ... [that] cannot be viewed as attempts by the applicant to enhance her claims of persecution have no bearing on credibility.” Kebede v. Ashcroft, 366 F.3d 808, 811 (9th Cir.2004) (quoting Damaize-Job v. INS, 787 F.2d 1332, 1337 (9th Cir.1986)) (internal quotations omitted).
discussed Cited as authority (rule) Irene Clemente-Giron v. Michael Mukasey (2×)
8th Cir. · 2009 · confidence medium
The relied-upon cases only lend credence to the notion that “[m]inor discrepancies . . . [that] cannot be viewed as attempts by the applicant to enhance her claims of persecution have no bearing on credibility.” Kebede v. Ashcroft, 366 F.3d 808, 811 (9th Cir. 2004) (quoting Damaize-Job v. INS, 787 F.2d 1332, 1337 (9th Cir. 1986)) (internal quotations omitted).
discussed Cited as authority (rule) Donchev v. Mukasey (2×)
9th Cir. · 2009 · signal: cf. · confidence medium
Cf. Kebede v. Ashcroft, 366 F.3d 808, 812 (9th Cir.2004) (holding that statements by attackers compelled a finding that the nexus requirement was met); Maini v. INS, 212 F.3d 1167, 1175-76 (9th Cir.2000) (same).
discussed Cited as authority (rule) Donchev v. Mukasey
9th Cir. · 2009 · signal: cf. · confidence medium
Cf. Kebede v. Ashcroft, 366 F.3d 808, 812 (9th Cir. 2004) (holding that statements by attackers com- pelled a finding that the nexus requirement was met); Maini v. INS, 212 F.3d 1167, 1175-76 (9th Cir. 2000) (same).
cited Cited as authority (rule) Sandoval-Luna v. Mukasey
9th Cir. · 2008 · confidence medium
Khup v. Ashcroft, 376 F.3d 898, 902 (9th Cir.2004) (citing Kebede v. Ashcroft, 366 F.3d 808, 809 (9th Cir.2004)).
cited Cited as authority (rule) Andoval Luna v. Mukasey
9th Cir. · 2008 · confidence medium
Khup v. SANDOVAL-LUNA v. MUKASEY 5943 Ashcroft, 376 F.3d 898, 902 (9th Cir. 2004) (citing Kebede v. Ashcroft, 366 F.3d 808, 809 (9th Cir. 2004)).
discussed Cited as authority (rule) Silaya v. Mukasey (2×) also: Cited "see"
9th Cir. · 2008 · confidence medium
Kebede v. Ashcroft, 366 F.3d 808, 812 (9th Cir.2004) (citing Lopez-Galarza, 99 F.3d at 960).
discussed Cited as authority (rule) Silaya v. Mukasey (2×) also: Cited "see"
9th Cir. · 2008 · confidence medium
Kebede v. Ashcroft, 366 F.3d 808, 812 (9th Cir. 2004) (citing Lopez-Galarza, 99 F.3d at 960).
cited Cited as authority (rule) Joseph-Othoman v. Mukasey
9th Cir. · 2008 · confidence medium
Kebede v. Ashcroft, 366 F.3d 808, 809 (9th Cir.2004).
cited Cited as authority (rule) Mulahasawovic v. United States Attorney General
3rd Cir. · 2007 · confidence medium
Kebede v. Ashcroft, 366 F.3d 808, 811 (9th Cir.2004) (citing Paramasamy v. Ashcroft, 295 F.3d 1047, 1053 (9th Cir.2002)).
discussed Cited as authority (rule) Rui Xing Tan v. Gonzales
9th Cir. · 2007 · confidence medium
One is a four-year difference between the date Mr. Tan stated that Chinese authorities forcibly sterilized his sister and subjected her to a forced abortion, and the date a State Department Report said China instituted its “comprehensive and highly intrusive family planning policy.” Mr. Tan’s testimony regarding the date is not inconsistent with the date given by the State Department Report, because the procedures inflicted upon Mr. Tan’s sister do not appear to have been part of the family-planning policy described in the report: the report describes the policy as including not forcib…
discussed Cited as authority (rule) Phonekeo v. Gonzales
9th Cir. · 2007 · confidence medium
II ‘When the BIA summarily affirms the IJ’s decision, we review the IJ’s decision as the final agency action.” Zehatye v. Gonzales, 453 F.3d 1182, 1184 (9th Cir.2006) (citing Kebede v. Ashcroft, 366 F.3d 808, 809 (9th Cir.2004)).
discussed Cited as authority (rule) Sahajeewa Rathnakumara Loku Kankanamge Don, Shiyamalie Amaratunga Achthi, Minul Thankula Kankanamge v. Alberto R. Gonzales, Attorney General (2×)
9th Cir. · 2007 · confidence medium
Thus, it is clear that in making the adverse credibility finding, the IJ impermissibly “picked at minor memory lapses and inconsistencies on issues at the periphery of [petitioner’s] asylum claim.” Shire v. Ashcroft, 388 F.3d 1288, 1298 (9th Cir.2004) (quoting Kebede v. Ashcroft, 366 F.3d 808, 811 (9th Cir.2004)).
discussed Cited as authority (rule) Loku Kankanamge Don v. Gonzales
9th Cir. · 2007 · confidence medium
Thus, it is clear that in making the adverse credibility finding, the IJ impermissibly “picked at minor memory lapses and incon- sistencies on issues at the periphery of [petitioner’s] asylum claim.” Shire v. Ashcroft, 388 F.3d 1288, 1298 (9th Cir. 2004) (quoting Kebede v. Ashcroft, 366 F.3d 808, 811 (9th Cir. 2004)).
discussed Cited as authority (rule) Mkrtchyan v. Gonzales
9th Cir. · 2006 · confidence medium
Viewing Mkrtehyan as credible, she has met her burden of demonstrating past persecution. 4 See Garcia-Martinez v. Ashcroft, 371 F.3d 1066, 1072 (9th Cir. 2004) (gang rape by Guatemalan soldiers constitutes persecution); Kebede v. Ashcroft, 366 F.3d 808, 812 (9th Cir.2004) (rape by Ethiopian soldiers constitutes persecution); Shoafera v. INS, 228 F.3d 1070, 1074 (9th Cir.2000) (ethnic Amhara Ethiopian beaten and raped at gunpoint established past persecution); Hernandez-Montiel v. INS, 225 F.3d 1084, 1097 (9th Cir.2000) (Mexican homosexual raped and sexually assaulted by police established past…
cited Cited as authority (rule) Negoescu v. Gonzales
9th Cir. · 2006 · confidence medium
Kebede v. Ashcroft, 366 F.3d 808, 809 (9th Cir.2004).
discussed Cited as authority (rule) Selamawit Zehatye v. Alberto R. Gonzales, Attorney General (2×)
9th Cir. · 2006 · confidence medium
Kebede v. Ashcroft, 366 F.3d 808, 809 (9th Cir.2004).
cited Cited as authority (rule) Zehatye v. Gonzales
9th Cir. · 2006 · confidence medium
Kebede v. Ashcroft, 366 F.3d 808, 809 (9th Cir. 2004).
cited Cited as authority (rule) Gherman v. Gonzales
9th Cir. · 2006 · confidence medium
Kebede v. Ashcroft, 366 F.3d 808, 812 (9th Cir.2004).
cited Cited as authority (rule) Violeta Circu v. Alberto R. Gonzales, Attorney General
9th Cir. · 2006 · confidence medium
Kebede v. Ashcroft, 366 F.3d 808, 809 (9th Cir.2004) (citing Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003)).
Retrieving the full opinion text from the archive…
Seble KEBEDE, Petitioner,
v.
John ASHCROFT, Attorney General, Respondent
02-73135.
Court of Appeals for the Ninth Circuit.
May 3, 2004.
366 F.3d 808
Sandra A. Ronald, Calabasas, CA, for the petitioner., Virginia M. Lum, Janice K. Redfern, Attorneys, U.S. Department of Justice, Washington, D.C., for the respondent.
Goodwin, Pregerson, Tallman.
Cited by 126 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 80%
Citer courts: Ninth Circuit (1)
GOODWIN, Circuit Judge:

Seble Kebede petitions for review of the Board of Immigration Appeal’s (“BIA”) final order denying her request for asylum and withholding of deportation. Because the BIA affirmed the Immigration Judge’s (“IJ”) decision without opinion, we review the IJ’s decision as the final agency action. Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). The IJ erred in making an adverse credibility determination and in finding that Kebede failed to support her claim of past persecution with substantial evidence.

[*810] I. Background

Kebede, an Ethiopian citizen, comes from a family that was powerful during the rule of former Emperor Haile Selassie. After Emperor Selassie was deposed in 1974, Kebede’s uncle, the former governor of Harar, was assassinated along with fifty-nine other officials by the Dergue revolutionary government. Her stepfather, the former minister of foreign affairs, was imprisoned, and died shortly after his release from illness and injuries resulting from beatings by prison officials. Dergue officials visited Kebede’s house frequently, conducting searches and occasionally taking her mother, Shitaye Wolde Amanuel (“Amanuel”), [1] and brothers into custody for questioning. The family moved in 1979 in an attempt to avoid further harassment, but government officials continued the searches at their new home.

One evening in September 1988, Kebede was at her family’s house alone when two Dergue soldiers arrived for a search. Accustomed to these searches, she allowed the soldiers to enter. After the soldiers finished the search, one moved to lock the door. Kebede testified that she tried to run, but that the soldiers held her while ripping off her clothes. The soldiers then beat her, and each took turns raping her while the other held her down. One said, ‘You had your time in the previous government and this is what you deserve.” After the rape, Kebede began screaming hysterically. When attempts to quiet her by threatening her with a gun failed, one of the soldiers slammed her head against a wall, causing her to black out.

Amanuel came home to find Kebede naked and inert, with furniture strewn about the front room. After determining that Kebede was still alive, Amanuel took her to the hospital. Kebede remembered waking up in a taxi on the way to the hospital, Amanuel by her side. Kebede stayed one night in the hospital, during which doctors “have [sic ] to cut and depressurize the excess fluid” from her head injury. At the hearing before the IJ, Am-anuel confirmed Kebede’s account of the incident, as well as the family’s history of harassment and persecution by agents of the Dergue government. Their testimony differed only in that Amanuel believed that Kebede regained consciousness after they reached the hospital.

Kebede fled Ethiopia for the United States in 1990, and overstayed her non-immigrant visa. On March 1, 1996, the Immigration and Naturalization Service initiated deportation proceedings against her.

The IJ denied Kebede’s asylum application, finding that Kebede was not credible, and that even if her testimony was believed, Kebede failed to carry her burden of establishing past persecution and fear of future persecution.

II. Analysis

A. Adverse Credibility Determination

The IJ rejected Kebede’s claim for asylum on credibility grounds. Although we review an adverse credibility finding under the deferential “substantial evidence” standard, He v. Ashcroft, 328 F.3d 593, 595 (9th Cir.2003); Alvarez-Santos v. INS, 332 F.3d 1245, 1254 (9th Cir.2003), such a finding “must be supported by a specific, cogent reason.” De LeonBarrios v. INS, 116 F.3d 391, 393 (9th Cir.1997) (quoting Berroteran-Melendez v. [*811] INS, 955 F.2d 1251, 1256 (9th Cir.1992)). The inconsistencies on which the IJ relied are not “significant and relevant” and do not support an adverse credibility determination. Lata v. INS, 204 F.3d 1241, 1245 (9th Cir.2000).

In making the adverse credibility finding, the IJ focused on the petitioner’s reluctance to discuss the rape, or to report it in her asylum interview and application. We have previously rejected “the assumption that the timing of a victim’s disclosure of sexual assault is a bellwether of truth.” Paramasamy v. Ashcroft, 295 F.3d 1047, 1053 (9th Cir.2002) (finding that failure to report a sexual assault in an asylum interview does not support an adverse credibility finding). Kebede persuasively explained that she was ashamed of discussing rape with anyone. Amanuel testified that Kebede had refused, for about two weeks, to discuss the rape even with her. Kebede provided a “strong, un-rebutted explanation for her reluctance” to discuss the assault. Id. A victim of sexual assault does not irredeemably compromise his or her credibility by failing to report the assault at the first opportunity.

To further support the adverse credibility determination, the IJ picked at minor memory lapses and inconsistencies on issues at the periphery of Kebede’s asylum claim. The IJ erroneously found that the difference between when Kebede recalled regaining consciousness after the assault and when Amanuel believed Kebede awoke was significant. “[M]inor discrepancies ... [that] cannot be viewed as attempts by the applicant to enhance h[er] claims of persecution have no bearing on credibility.” Damaize-Job v. INS, 787 F.2d 1332, 1337 (9th Cir.1986); see also Wang v. Ashcroft, 341 F.3d 1015, 1021-22 (9th Cir.2003) (finding that minor inconsistencies between a petitioner’s and another witness’s testimony that are not material to the persecution claim cannot support an adverse credibility finding). Kebede and Amanuel gave conflicting testimony on where Kebede’s brother was residing at the time of the hearing, but the record indicates that the disagreement between Kebede’s and Amanuel’s testimony had more to do with Amanuel’s difficulties with English than with prevarication. The IJ found that Kebede dissembled by claiming to have poor English, but Kebede’s characterization of her own English skills as “not very good” does not make her testimony less believable.

None of the IJ’s proffered reasons seriously call into question the fact and nature of Kebede’s rape. Kebede gave a credible account of her rape, evidence that was corroborated by Amanuel’s testimony. The petitioner’s evidence was “so compelling that no reasonable factfinder could find that [s]he was not credible.” Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003) (quotation marks and citation omitted). We conclude that the IJ’s adverse credibility determination was not supported by substantial evidence.

B. Asylum Claim

A petitioner seeking asylum carries the burden of showing that he or she is unwilling to return to the country of origin “because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” Melkonian v. Ashcroft, 320 F.3d 1061, 1064 (9th Cir.2003) (quoting 8 U.S.C. § 1101(a)(42)(A)). A showing of past persecution creates a rebuttable presumption that the petitioner has reason to fear future persecution. Prasad v. INS, 101 F.3d 614, 617 (9th Cir.1996). The burden shifts to the respondent to show, by a pre-ponderance of the evidence, that the petitioner no longer has a well-founded fear of perse-[*812] ration. Singh v. Ilchert, 69 F.3d 375, 378 (9th Cir.1995). If this presumption is not rebutted, the petitioner is statutorily eligible for asylum. INS v. Ventura, 537 U.S. 12, 16-17, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002).

Rape “can support a finding of persecution,” but “a petitioner alleging persecution must present some evidence, direct or circumstantial, of the persecutor’s motive.” Lopez-Galarza v. INS, 99 F.3d 954, 959 (9th Cir.1996). The motive requirement is satisfied by evidence that political opinion was imputed to the petitioner. Id. That the alleged persecutor acted because of a petitioner’s family’s political associations is sufficient. Id. at 960 (finding that a rape victim was eligible for asylum because evidence showed that “[h]er family’s ties to the Somoza regime were well-known in her community”).

The IJ found that even if Kebede’s testimony could be considered credible, Kebede failed to meet her burden of showing eligibility for asylum. The IJ determined that the Dergue soldiers did not rape Kebede “because of’ her family background. The IJ erred in this regard, ignoring evidence that the soldiers linked their assault on Kebede with her family’s authority and position in the Selassie regime. During the rape, one soldier stated that Kebede was getting her due because “You had your time in the previous government.” The IJ also erred in finding that the rape was an isolated incident, failing to recognize that this visit to Ke-bede’s home was a part of a regular program of searches to which Kebede’s family was subject.

We reverse the IJ’s holding that Kebede failed to establish that she suffered past persecution.

C. Disposition

The IJ ended the matter by noting that another regime change had occurred in Ethiopia in 1991, after Kebede had reached the United States, and therefore that Kebede no longer had reason to fear future persecution. Kebede does not contest this finding. She instead argues that the atrocity of the abuse by the Dergue soldiers qualifies her for discretionary relief on humanitarian grounds. See Lopez-Galarza, 99 F.3d at 960.

A petitioner may be eligible for asylum on the basis of past persecution alone, “even where there is little likelihood of future persecution.” Acewicz v. INS, 984 F.2d 1056, 1062 (9th Cir.1993). Asylum may be granted for humanitarian reasons where a petitioner has suffered “ ‘atrocious forms of persecution.’ ” Lopez-Galarza, 99 F.3d at 960-61 (quoting Handbook on Procedures and Criteria for Determining Refugee Status under the 1951 Convention and the 1967 Protocol Relating to the Status of Refugees, at § 136 (1979), revised by U.N. Doc. HCR/IP/4/Eng/REV.1 (1992)); accord Vongsakdy v. INS, 171 F.3d 1203, 1206 (9th Cir.1999); Acewicz, 984 F.2d at 1062; Kazlauskas v. INS, 46 F.3d 902, 906-07 (9th Cir.1995); Matter of Chen, 20 I. & N. Dec. 16, 19 (BIA 1989).

The IJ did not determine whether the persecution Kebede suffered qualifies her for asylum for humanitarian reasons. This question is not for us to decide in the first instance. See Rodriguez-Matamoros v. INS, 86 F.3d 158, 161 (9th Cir.1996). We remand to the BIA for a determination of whether Kebede’s past persecution was atrocious, such that it warrants a grant of asylum.

PETITION GRANTED AND REMANDED.

1

. Amanuel is referred to throughout as Ke~ bede's mother, as she raised Kebede from infancy after Kebede’s biological parents died. Amanuel is actually Kebede’s paternal grandmother. All references to Kebede’s other relatives are made as if Amanuel was Kebede’s mother.