Wang

MEMORANDUM **

Liqun Wang, a native and citizen of China, petitions for review of the denial by the Board of Immigration Appeals (“BIA”) and Immigration Judge (“IJ”) of his claims for asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 . We review both an adverse credibility finding and the denial of asylum for substantial evidence. Lata v. INS, 204 F.3d 1241, 1245 (9th Cir.2000). We grant the petition for review.

The sole basis for the IJ’s credibility finding was the discrepancy between Wang’s statements at the border, and statements he made at his asylum hearing. In Singh v. INS, 292 F.3d 1017, 1021-23 (9th Cir.2002) we drew a significant distinction between an alien’s statements to an officer at the border, and those made in an application or hearing for asylum. Thus, the IJ’s reliance on this factor was inappropriate. Id. at 1021 (concluding “reliance on Singh’s airport statements does not constitute a valid ground for an adverse credibility determination”). Moreover, the BIA’s additional reason for the credibility determination is not a discrepancy at all: one could be both tired and concerned about…