Atta

Atta v. Holder

Good Law
338 F. App'x 616
United States Court of Appeals for the Ninth CircuitJune 30, 2009No. 05-71827California468 words

Opinion

Lead Opinion

MEMORANDUM **

The Immigration Judge (“IJ”) made an adverse credibility determination and therefore denied Atta’s applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Neither of the IJ’s reasons for her adverse credibility determination is supported by substantial evidence in the record.

First, substantial evidence does not support the IJ’s determination that there was an inconsistency between Atta’s claim that he is a Christian and the information on his identity card. Although the government translated the identity card as stating Atta’s religion as “Muslim,” the gov *618 ernment’s translation was contrary to the testimony of two different court interpreters and to the certified translation of Atta’s translator, all of whom translated the identity card to state that Atta’s religion is “Christian.” All other evidence in the record is consistent with Atta’s testimony that he is Christian, and the IJ denied Atta’s request to cross-examine the government translator to clarify this inconsistency. Under these circumstances, the government’s unconfirmed translation does not constitute substantial evidence on which to base a…

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