Ke Wei Chen v. Ashcroft

MEMORANDUM **

Ke Wei Chen, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming an immigration judge’s (“IJ”) decision denying his applications for asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 . Because the BIA adopted the IJ’s adverse credibility findings, we review the IJ’s decision. See Wang v. Ashcroft, 341 F.3d 1015, 1020 (9th Cir.2003). We review for substantial evidence and will reverse the IJ’s determination only if petitioner shows evidence that compels such a result. Chen v. Ashcroft, 362 F.3d 611, 616 (9th Cir. 2004). We grant the petition and remand.

A reasonable adjudicator would be compelled to conclude that the IJ’s adverse credibility determination is not supported by substantial evidence. See He v. Ash *827 croft, 328 F.3d 593, 603 (9th Cir.2003). The IJ failed to identify any inconsistencies between Chen’s testimony and either his asylum interview or asylum application. The IJ also relied upon minor inconsistencies within Chen’s testimony that did not go to the heart of his claim or were plausibly explained, including…