Lau

Lau v. Immigration Naturalization & Services

Good Law
49 F. App'x 167
United States Court of Appeals for the Ninth CircuitOctober 23, 2002Nos. 01-71799, A70-773-852, A70-773-853, A70-773-855California435 words

Opinion

Lead Opinion

*168 MEMORANDUM *

Show Hung Lau, his wife Mei Hua Chen, and their two children petition for review of the Board of Immigration Appeal’s (“BIA”) decision dismissing their appeal of an Immigration Judge’s order denying their respective asylum applications. We grant the petition. We have jurisdiction under former Section 106(a) of the Immigration and Nationality Act, 8 U.S.C. § 1105a(a) as modified by the transitional rules set forth in Section 309(c)(4) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub.L. No. 104-208, 110 Stat. 3009-546 (“IIRIRA”) because the BIA issued its decision after October 31, 1996, and proceedings commenced before April 1,1997. Kalaw v. INS, 133 F.3d 1147, 1149-50 (9th Cir.1997). The parties are familiar with the facts, and therefore we only discuss those necessary to our analysis.

The BIA dismissed petitioners’ appeal on adverse credibility determinations concerning Lau’s and Chen’s respective testimony. We review for substantial evidence. Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002). Where, as here, the court is reviewing the BIA’s independent finding, the BIA “must have a legitimate articulable basis to question the…

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