Guan Meo Li v. Gonzales

MEMORANDUM *

Guan Meo Li, a citizen of the People’s Republic of China, petitions for review of the Board of Immigration Appeal’s (“BIA”) denial of his application for asylum and withholding of removal. Li claims he suffered persecution for violating China’s coercive population control policies by having a child with his common-law wife, whom Li was unable to legally marry because she was only eighteen years old. Because the BIA’s adverse credibility determination was not supported by substantial evidence, we grant the petition and remand to the BIA for further proceedings.

The BIA summarily affirmed the Immigration Judge’s (“IJ”) decision without opinion. “When the BIA streamlines, we review the substance of the IJ’s decision.” Padilla-Padilla v. Gonzales, 463 F.3d 972, 975 (9th Cir.2006). We review adverse credibility findings for substantial evidence. Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002). “The IJ must have a legitimate articulable basis to question the petitioner’s credibility, and must offer a specific, cogent reason for any stated disbelief. Any such reason must be substantial and bear a legitimate nexus to the finding.” Id. (citations and internal quotation marks…