Wang

Wang v. Gonzales

Good Law
143 F. App'x 872
United States Court of Appeals for the Ninth CircuitSeptember 19, 2005No. 04-71615; Agency No. A75-682-670California507 words

Opinion

Lead Opinion

MEMORANDUM **

Shengchao Wang, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ summary affirmance of an Immigration Judge’s (“IJ”) denial of his applications for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence an adverse credibility determination, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and we deny in part and grant in part the petition for review.

Substantial evidence does not support the IJ’s adverse credibility finding. Petitioner’s discrepancy regarding his arrest date is an improper basis because minor date discrepancies do not support an adverse credibility finding. See Blanco-Comarribas v. INS, 830 F.2d 1039, 1043 (9th Cir.1987). Because there is no evidence that petitioner attended events in the United States merely to support his asylum claim, or that his wife was not arrested in China, and speculation does not support an adverse credibility decision, these findings are not supported. See Shah v. INS, 220 F.3d 1062, 1071 (9th Cir.2000).

The IJ’s finding that petitioner’s demeanor was insincere,…

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