Lai

Lai v. Holder

Good Law
773 F.3d 966·2014 WL 5573318
United States Court of Appeals for the Ninth CircuitAugust 25, 2014No. 10-73473California4,127 words

Opinion

Lead Opinion

Fisher, J.

ORDER

The government’s motion to amend opinion, filed October 7, 2014, is DENIED.

The opinion filed August 25, 2014, and published at 764 F.3d 1098 , is AMENDED. An amended opinion is filed concurrently with this order.

The time for filing a petition for panel rehearing or rehearing en banc commences anew upon the filing of the amended opinion. See Fed. R.App. P. 35(c), 40(a)(1).

OPINION

Yongguo Lai, a native and citizen of China, petitions for review of a decision by the Board of Immigration Appeals (BIA). The BIA dismissed Lai’s appeal from an *969 immigration judge’s (IJ) decision denying his application for asylum, withholding of removal and protection under the Convention Against Torture (CAT). The BIA relied on the IJ’s finding that Lai’s claim of persecution and torture on account of his Christian religion was not credible. The IJ based her adverse credibility ruling, in relevant part, on Lai’s testimony during cross-examination that contained information the IJ found to be missing from and inconsistent with Lai’s initial written application and direct testimony,,, and uncorroborated in one respect. We hold that the BIA’s adverse credibility determination is not…

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