Lin

Lin v. Ashcroft

Good Law
119 F. App'x 136
United States Court of Appeals for the Ninth CircuitJanuary 3, 2005No. 03-71133; Agency No. A75-765-375California1,458 words

Opinion

Lead Opinion

MEMORANDUM **

Shufang Lin, a native and citizen of the People’s Republic of China, petitions for review of the Board of Immigration Appeals’ (BIA) decision affirming the Immigration Judge’s (IJ) denial of her applications for asylum under § 208 of the Immigration and Nationality Act (INA), withholding of removal under § 241(b)(3) of the INA, withholding of removal under Article 3 of the Convention Against Torture, and voluntary departure. Lin claimed persecution on account of her political opinion, membership in a particular social group, and religion as a result of her practice of Zhong Gong. We have jurisdiction under 8 U.S.C. § 1252 . We grant the petition for review and remand for further proceedings.

Where, as here, the BIA affirms the IJ’s decision without an opinion, we review the IJ’s decision as the final adjudication. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 851 (9th Cir.2003). “We review adverse credibility determinations under the substantial evidence standard.” Hoque v. Ashcroft, 367 F.3d 1190, 1194 (9th Cir.2004). “To determine whether substantial evidence supports the IJ’s credibility finding, we evaluate each ground cited by the IJ for his finding.” Ding…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.