Xuan

Diguan Xuan v. Holder

Good Law
492 F. App'x 767
United States Court of Appeals for the Ninth CircuitAugust 30, 201207-74773California867 words

Opinion

Opinion

MEMORANDUM

Diguan Xuan, a 56-year-old native and citizen of China, petitions for review of the Board of Immigration Appeals (“BIA”) denial of his claims for asylum, withholding of removal, and protection under the Convention Against Torture based on the Immigration Judge’s (“IJ”) adverse credibility determination. We have jurisdiction under 8 U.S.C. § 1252 . We grant the petition and remand to the BIA.

The BIA reviewed the IJ’s adverse credibility determination and expressly adopted five of the findings the IJ articulated in support of that determination. See Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir.2010) (stating that we review the BIA’s decision and any portion of the IJ’s decision that the BIA expressly adopts). We review an adverse credibility determination for substantial evidence. Id. Under the REAL ID Act, the IJ and BIA may base an adverse credibility determination on any relevant factor relating to the petitioner’s veracity. Id. at 1044 . Neither the IJ nor the BIA based the adverse credibility determination on the petitioner’s candor or demeanor. Instead, the IJ and the BIA based the adverse credibility determination on purported inconsistencies between Xuan’s…

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.