Lu Wang v. Ashcroft

MEMORANDUM **

Petitioners Lu Wang and her husband, Xuejun Guan (“Petitioners”) petition for review of the Board of Immigration Appeals’ (“BIA”) dismissal of their appeal from an Immigration Judge’s (“IJ”) order denying their application for asylum, withholding deportation, and denying relief under the Convention Against Torture Act. We have jurisdiction pursuant to 8 U.S.C. § 1252 (b), and remand for a determination of whether to grant asylum.

This court reviews the BIA’s decision that an alien did not establish eligibility for asylum under the substantial evidence standard. Cardenas v. INS, 294 F.3d 1062, 1065 (9th Cir.2002). The BIA’s determination must be upheld if supported by reasonable, substantial, and probative evidence in the record. INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Adverse credibility determinations are also reviewed under the substantial evidence standard. Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002). Although the standard is deferential, “[t]he BIA must have a legitimate, articulable basis to question the petitioner’s credibility, and must offer a specific, cogent reason for any stated disbelief.” Shah v. INS, 220…