Han

Han v. Ashcroft

Good Law
113 F. App'x 828
United States Court of Appeals for the Ninth CircuitNovember 18, 2004No. 03-72731California343 words

Opinion

Lead Opinion

MEMORANDUM **

Denan Han, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 (b). Where, as here, the BIA affirms without opinion, we review the IJ’s decision. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). We review for substantial evidence an adverse credibility determination, see Chen v. Ashcroft, 362 F.3d 611, 617 (9th Cir.2004), and we grant the petition.

The IJ’s adverse credibility determination. is based on speculation and minor inconsistencies. For example, the IJ speculated that if Han were a devout Christian, he would have made some effort to impart Christianity on his wife and children. The IJ also relied heavily on the inconsistency between Han’s testimony that his wife and children were not practicing Christians and Han’s pastor’s testimony that Han had said that his wife and children were active Christians, even though Han’s family’s beliefs were not central to his claim. The IJ’s…

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