Yan

Yan v. Holder

Good Law
330 F. App'x 684
United States Court of Appeals for the Ninth CircuitMay 26, 2009No. 05-76101California460 words

Opinion

Lead Opinion

MEMORANDUM **

Qun Yan, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Soto-Olarte v. Holder, 555 F.3d 1089, 1091 (9th Cir.2009), and we grant the petition for review.

Substantial evidence does not support the agency’s adverse credibility determination. See Bandari v. INS, 221 F.3d 1160, 1165 (9th Cir.2000). The agen-ers findings based on Yan’s inconsistencies regarding the number of times he was interrogated and the treatment he received during his detention are not supported because they are minor discrepancies in relation to his otherwise consistent and detailed descriptions of material aspects of his detention, and further, some of the discrepancies evidently stem from apparent miscommunications or misunderstandings. See id. at 1166-67 (holding that minor discrepancies regarding the time and location of alleged beatings, in light of otherwise consistent testimony, could not…

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