Lin

Lin v. Ashcroft

Good Law
47 F. App'x 436
United States Court of Appeals for the Ninth CircuitSeptember 9, 2002No. 00-71152; INS No. A76-280-393California465 words

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…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.