Yue Ng Wong v. Ashcroft

MEMORANDUM **

Husband and wife, Mr. Zhun Ming Lin and Mrs. Yue Ng Wong, natives and citizens of China, petition for review of a decision of the Board of Immigration Appeals (“BIA”) affirming the decision of the Immigration Judge (“IJ”) denying their applications for asylum, withholding of removal, and relief under the Convention Against Tortures Act. The IJ further found that Lin and Wong filed frivolous asylum applications. Petitioners argue that the IJ erred in finding their testimony not credible and in finding them ineligible for asylum. We have jurisdiction pursuant to 8 U.S.C. § 1252 (b)(2), and we grant the petition. Because the BIA affirmed the IJ’s decision without opinion, under its streamlining procedure, 8 C.F.R. § 3.1(e)(4), we review the IJ’s decision as the agency’s final action. Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir. 2003). We review the IJ’s adverse credibility finding under the substantial evidence standard. Manimbao v. Ashcroft, 329 F.3d 655, 658 (9th Cir.2003).

We conclude that the IJ’s credibility determination is not supported by substantial evidence. Many of the reasons cited by the IJ for finding Lin and Wong not credible are not…