Ming Jin v. Eric H. Holder Jr.

MEMORANDUM

Ming Cheng Jin petitions this court for review of the BIA’s decision affirming the Immigration Judge’s adverse credibility determination and denying Jin asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we grant the petition.

Under the REAL ID Act, which applies to Jin’s application, credibility determinations must be based on the “totality of the circumstances” and can be based on inconsistencies even if they do not go “to the heart of the applicant’s claim.” 8 U.S.C. § 1158 (b)(1)(B)(iii). An IJ must “provide specific and cogent reasons supporting an adverse credibility determination.” Shrestha v. Holder, 590 F.3d 1034, 1042 (9th Cir.2010). “Speculation and conjecture cannot form the basis of an adverse credibility finding, which must instead be based on substantial evidence.” Kaur v. Ashcroft, 379 F.3d 876, 887 (9th Cir.2004) (internal quotation marks and citation omitted); see also Ren v. Holder, 648 F.3d 1079, 1088 (9th Cir.2011); Singh v. Gonzales, 439 F.3d 1100, 1105 (9th Cir.2006); Bandari v. INS, 227 F.3d 1160, 1167 (9th Cir.2000).

Jin testified that he was…