Ying Ai Jin v. Ashcroft

Good Law
113 F. App'x 257
United States Court of Appeals for the Ninth CircuitNovember 12, 2004No. 03-73863California671 words

Opinion

Lead Opinion

*258 MEMORANDUM **

Ying Ai Jin (Jin), a native and citizen of the People’s Republic of China, petitions for review of the order of the Board of Immigration Appeals (BIA) affirming the order of the Immigration Judge (IJ) denying her application for asylum, withholding of removal, and protection under Article 3 of the Convention Against Torture (CAT). 1 We have jurisdiction under 8 U.S.C. § 1252 and we grant the petition for review.

We review the BIA’s determination that an applicant has failed to establish eligibility for asylum under the substantial evidence standard and can reverse only if the evidence compels that result. INS v. Elias-Zacarias, 502 U.S. 478 , 481 & n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Adverse credibility determinations are also reviewed under the substantial evidence standard, Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002), and are entitled to deference, Manimbao v. Ashcroft, 329 F.3d 655 (9th Cir.2003). However, “we do not accept blindly an IJ’s conclusion that a petitioner is not credible. Rather, we examine the record to see whether substantial evidence supports that conclusion and determine whether the reasoning employed by the IJ is fatally…

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