Yung Ying Shi v. Holder

MEMORANDUM **

Yung Ying Shi, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) decision denying her applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . Reviewing for substantial evidence, Ramos-Vasquez v. INS, 57 F.3d 857, 861 (9th Cir.1995), we grant in part and dismiss in part the petition for review.

The IJ denied relief based on an adverse credibility finding. Though the IJ put forth a number of testimonial inconsistencies in support thereof, the inconsistencies are based on impermissible conjecture, are not central to Shi’s asylum claim, nor are they supported by the record. See Bandari v. INS, 227 F.3d 1160, 1166 (9th Cir.2000). Similarly, the IJ’s stated reasons for making a demeanor-based adverse credibility determination either do not find support in the record, see Jibril v. Gonzales, 423 F.3d 1129, 1137 (9th Cir.2005), or do not relate to Shi’s demeanor at all.

Because the IJ failed to put forth a legitimate basis to question Shi’s credibility, we accept her…