Mei Zi Xea v. Ashcroft

MEMORANDUM ***

We find insufficient evidence in the record to support the Board of Immigration Appeal’s (“BIA’s”) decision denying Mei Zi Xea’s application for asylum and therefore reverse. As the parties are familiar with the factual and procedural history of this case, we do not recount them here.

1. Where the BIA conducts an independent review of the Immigration Judge’s (“LFs”) findings and determines that an applicant has not established eligibility for asylum, this Court reviews under the substantial evidence standard the BIA’s decision and not the decision of the IJ. Sidlm v. INS, 220 F.3d 1085, 1088 (9th Cir.2000); Riverar-Moreno v. INS, 213 F.3d 481, 485 (9th Cir.2000). Here, the BIA relied on different reasons for its credibility determination than those pointed to by the IJ, so it is the BIA’s decision that we are reviewing. If the BIA’s decision is supported by reasonable, substantial, and probative evidence in the record considered as a whole, it must be upheld. INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992).

2. Substantial evidence in the record supports the BIA’s decision that Ms. Xea did not prove that she — as opposed to her…