Lesan

Lesan v. Gonzales

Good Law
189 F. App'x 655
United States Court of Appeals for the Ninth CircuitJuly 18, 2006No. 04-73834California535 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioners Nicoleta Maria Lesan and Constantin Mircea Lesan, citizens and nationals of Romania, and their son, Rosan Lesan, a citizen and national of Ireland, seek review of the Board of Immigration Appeals’ (“BIA”) decision, without opinion, affirming the immigration judge’s (the “IJ”) denial of their application for asylum, for withholding of removal and for protection under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”). 1 We have jurisdiction pursuant to 8 U.S.C. § 1252 (a)(1) and remand to the BIA for further consideration.

*656 We review to determine if there was “substantial evidence” to support the IJ’s adverse credibility finding. Hoque v. Ashcroft, 367 F.3d 1190, 1194 (9th Cir.2004). “Although this standard is deferential, the adverse credibility finding must be supported by specific, cogent reasons, and cannot be based on speculation and conjecture.” Shire v. Ashcroft, 388 F.3d 1288, 1295 (9th Cir.2004). These reasons must be substantial and bear a legitimate nexus to the findings. Aguilera-Cota v. INS, 914 F.2d 1375,1381 (9th Cir.1990).

Nicoleta Lesan alleges that she was persecuted…

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