Reisi

Reisi v. Ashcroft

Good Law
97 F. App'x 194
United States Court of Appeals for the Ninth CircuitMay 18, 2004No. 02-72989California310 words

Opinion

Lead Opinion

MEMORANDUM **

Hamidreza Reisi, a native and citizen of Iran, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming, without opinion, an immigration judge’s (“IJ”) denial of his application for *195 asylum and withholding of removal. We review for substantial evidence, Singh v. INS, 340 F.3d 802, 806 (9th Cir.2003), and grant the petition for review and remand to the BIA for further proceedings.

Substantial evidence does not support the IJ’s adverse credibility finding. The IJ’s reasons for discounting the testimony of Reisi regarding his ability to attend church services, and ease of obtaining a visa were too speculative to constitute substantial evidence supporting an adverse credibility determination. See Lopez-Reyes v. INS, 79 F.3d 908, 912 (9th Cir.1996) (reversing implausibility determination based on personal conjecture). The IJ also relied upon an inconsistency between Reisi’s testimony regarding his baptism and a document showing his affiliation with a church in Iran. These two documents do not disprove that he was practicing Christianity. See Salaam v. INS, 229 F.3d 1234, 1238 (9th Cir.2000) (per curiam) (stating that an adverse credibility…

Dissenting Opinion

Kozinski, J.

dissenting.

I believe the IJ’s credibility determination is rational and .supported by substantial evidence. I would therefore deny the petition for review.

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.