San

San v. Ashcroft

Good Law
107 F. App'x 801
United States Court of Appeals for the Ninth CircuitAugust 24, 2004No. 03-70383California773 words

Opinion

Lead Opinion

MEMORANDUM *

Myint Myint San, a native and citizen of Burma, petitions for review of the Board of Immigration Appeals’ (BIA) denial of her applications for asylum and withholding of deportation. Because the BIA summarily affirmed the decision of the Immigration Judge (IJ), we review the IJ’s decision as if it were the decision of the BIA. See Al-Harbi v. INS, 242 F.3d 882, 887-88 (9th Cir.2001).

The IJ made an adverse credibility determination against San on multiple grounds, all of which were improper. The IJ faulted San for “inconsistencies” which did not exist and minor discrepancies that did not go to the heart of her claims and therefore should have been disregarded. See, e.g., Manimbao v. Ashcroft, 329 F.3d 655, 660 (9th Cir.2003). He also erred in disbelieving San because she did not have enough corroborating evidence, despite our clear law that none is required when an applicant presents credible testimony. See, e.g., Salaam v. INS, 229 F.3d 1234, 1239 (9th Cir.2000). The IJ further based his determination on non-dispositive omissions in San’s asylum application, another ground this court has generally found impermissible. See, e.g., Bandari v. INS, 227 F.3d 1160,…

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