Rai

Rai v. Immigration & Naturalization Service

Good Law
72 F. App'x 615
United States Court of Appeals for the Ninth CircuitAugust 1, 2003Nos. 01-71786, 02-73396California594 words

Opinion

Lead Opinion

*616 MEMORANDUM **

We grant Jaswander Rai’s petition for review of the BIA’s denial of his asylum application because substantial evidence does not support the BIA’s adverse credibility determination. In this case, Rai made essentially two misrepresentations, neither of which has any bearing on his claim for asylum. See Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001) (inconsistencies must go to the “heart” of asylum claim).

Rai’s use of an alias at the time of his initial entry is consistent with the actions of many aliens who flee persecution through the use of fraudulent documents, and does not detract from his credibility. See Akinmade v. INS, 196 F.3d 951, 955-56 (9th Cir.1999). Rather than diminishing his credibility, Rai’s use of a false name to secure entry can actually evidence a subjective fear of returning to his own country. See Turcios v. INS, 821 F.2d 1396, 1400 (9th Cir.1987).

Similarly, Rai’s misrepresentation about the date of his entry into the United States has little bearing on the heart of his asylum claim. See Vilorio-Lopez v. INS, 852 F.2d 1137, 1142 (9th Cir.1988) (“Minor inconsistencies in the record such as discrepancies in dates which reveal…

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