Hernandez

Hernandez v. Ashcroft

Good Law
59 F. App'x 223
United States Court of Appeals for the Ninth CircuitMarch 18, 2003No. 02-70234; INS No. A72-544-358California364 words

Opinion

Lead Opinion

*224 MEMORANDUM ***

Ruben Hernandez, a citizen of Guatemala, petitions for review of the denial by the Board of Immigration Appeals (“BIA”) and Immigration Judge (“IJ”) of his claims for asylum, withholding of removal, and relief under Article 3 of the United Nations Convention Against Torture and Other Cruel, Unhuman or Degrading Treatment or Punishment (“CAT”). We grant the petition for review.

The INS contends that Hernandez failed to establish a credible fear of persecution. To support this, the INS alleges that there are inconsistencies between Hernandez’s asylum application, asylum interview, and his testimony before the IJ. We find these inconsistencies to be minor and reasonably explained by Hernandez.

We have recognized that information contained in asylum applications (particularly those prepared with the help of a notary) is not as comprehensive as that covered in an applicant’s testimony. Aguilera-Cota v. INS, 914 F.2d 1375, 1382 (9th Cir.1990). Thus, we make allowance for inconsistencies and lack of detail in asylum applications. Id. We have also refused to rely on inconsistencies between official interviews and testimony, in the absence of information in the…

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