George

MEMORANDUM *

Falcon Carriche v. Ashcroft compels rejection of George’s contention that streamlined review violates due process. 1 Under 8 C.F.R. § 1003.1 (a)(7), we review the oral decision of the immigration judge (IJ) as the final agency decision.

INS v. Elias-Zacarias 2 requires us to review the administrative record to see if substantial evidence, as opposed to speculation or conjecture, supports the IJ’s adverse credibility finding. 3 We may only reverse the IJ in favor of the petitioner if “the evidence [s]he presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution,” or the requisite probability of persecution or torture upon removal. 4 *466 However, “we must determine whether the evidence cited by the [Board of Immigration Appeals (BIA) or the IJ] supports its adverse credibility finding.”

In this case, some of the evidence cited by the IJ supports, and some does not support, the adverse credibility determination. The IJ stated that it was the “sum total of the inconsistency that leads the Court to believe that [George’s] testimony and evidence cannot be trusted.” Yet substantial evidence does not support some of…