Quan Fa Chen v. Ashcroft

MEMORANDUM *

Quan Fa Chen, a Chinese national who entered the United States illegally in Guam, appeals a decision of the Board of Immigration Appeals (“BIA”) affirming the Immigration Judge’s (“IJ”) denial of his application for asylum and withholding of deportation based on a finding of adverse credibility. The IJ cited, as the sole basis for her determination, a perceived variance between Chen’s first interview with immigration officials, pursuant to INA § 235(b)(1), and his subsequent testimony at a merits hearing, at which he claimed that he fled China to escape persecution he suffered on account of his homosexuality. The BIA affirmed the IJ’s decision in a one-line opinion from which Chen now appeals. We GRANT Chen’s petition for review, and REMAND for proceedings consistent with this disposition.

I

Chen argues that substantial evidence does not support the IJ’s adverse credibility finding. We agree. See Singh v. INS, 292 F.3d 1017 (9th Cir.2002).

First, we find no discrepancy between the interview and the testimony. At Chen’s first interview, 1 Chen was advised that if he had any fear of persecution, he would have the opportunity to speak “privately and confidentially to…