Lin
Lin v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM **
In this petition, we are called upon to determine whether substantial evidence supports the adverse credibility finding of the Board of Immigration Appeals (Board). The Board had jurisdiction under 8 C.F.R. §§ 3.1 (b)(3) and 240.53(a), and we have jurisdiction over this timely-filed petition pursuant to 8 U.S.C. § 1252 (b)(1999). We grant the petition and remand to the Board.
Petitioner argues that the Board’s adverse credibility determination was not supported by the record. We review the Board’s factual findings underlying its denial of asylum to determine whether they are supported by substantial evidence. Hernandez-Montiel v. INS, 225 F.3d 1084, 1090 (9th Cir.2000). We will uphold the factual findings unless “any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252 (b)(4)(B) (Supp. II 1996). We review the Board’s adverse credibility finding for substantial evidence as well. See Chen v. INS, 266 F.3d 1094, 1098 (9th Cir.2001). Procedurally, the Board “must have a legitimate articulable basis to question the petitioner’s credibility, and must offer a specific, cogent reason for any stated disbelief.” Id. (citations and internal…