Li

Li v. Ashcroft

Good Law
120 F. App'x 127
United States Court of Appeals for the Ninth CircuitJanuary 14, 2005No. 03-73371California411 words

Opinion

Lead Opinion

MEMORANDUM **

Jianhua Li, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming an immigration judge’s (“IJ”) denial of her application for asylum, withholding of removal and relief under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence an adverse credibility finding, Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002), and we grant the petition for review.

The BIA’s adverse credibility determination is not supported by substantial evidence. First, Li’s testimony regarding her practice of Falun Gong in the United States is not necessarily inconsistent with a letter stating that Li was a member of a Falun Gong “practice site” and that she was an experienced Falun Gong practitioner. Moreover, Li was not provided the opportunity to explain any perceived discrepancy. See Chen v. Ashcroft, 362 F.3d 611, 618 (9th Cir.2004).

Second, there is no inconsistency between the fact that Li was able to obtain *129 a passport in her own name and the State Department materials, which note that “some” Falun Gong practitioners had difficulty obtaining passports. See Zheng v.…

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