Guoxiang Li v. Gonzales

MEMORANDUM **

Petitioner Guoxiang Li (“Li”) challenges the denial of asylum relief based on an adverse credibility finding of the Immigra *587 tion Judge (“IJ”), summarily affirmed and incorporated by the Board of Immigration Appeals (“BIA”).

The IJ’s adverse credibility finding was based on (1) Li’s demeanor, (2) conflicts between his testimony and a report from the U.S. State Department, and (3) the IJ’s belief that Li’s claim of a forced abortion in his girlfriend’s eighth month of pregnancy was “incredible.”

The IJ described Li’s demeanor as “poor,” stating that he “seemed puzzled and confused,” and that his “testimony was halting.” These descriptions are insufficiently detailed to support the IJ’s credibility finding. The IJ must specifically and cogently refer to the aspects of the applicant’s demeanor that call the applicant’s credibility into question. Arulampalam v. Ashcroft, 353 F.3d 679, 686 (9th Cir.2003).

While the IJ may use a country report to discredit a generalized statement about the country, the IJ may not use it to discredit specific testimony regarding the applicant’s individual experience. Zheng v. Ashcroft, 397 F.3d 1139, 1143-44 (9th Cir.2005).…