Wang
Wang v. Mukasey
Opinion
lead Opinion
ORDER
The memorandum disposition filed June 22, 2006, 186 Fed.Appx. 786 , is withdrawn, and a new memorandum disposition is ordered filed in its place.
With the filing of the new memorandum disposition, Judge Goodwin and Judge O’Scannlain have voted to deny the petition for panel rehearing. Judge Thomas has voted to grant the petition’ for panel rehearing. Judge Goodwin recommends denial of the petition for rehearing en banc and Judge O’Scannlain has voted to deny it. Judge Thomas has voted to grant the petition for rehearing en banc. Because the petition for rehearing en banc is still pending, the mandate will be stayed until that question has been decided. No further briefs or petitions for rehearing will be entertained as to the disposition.
MEMORANDUM *
Hanze Wang petitions for review of a Board of Immigration Appeals (BIA) decision that denied his application for asylum *800 on the basis of an adverse credibility finding. We deny the petition.
Because the BIA reviewed the order of the immigration judge de novo, we review only the BIA’s determination. Garrovillas v. INS, 156 F.3d 1010, 1013 (9th Cir.1998). This court reviews adverse credibility findings under the…
dissent Opinion
Thomas, J.
dissenting:
I respectfully dissent. In order to survive appellate review, the IJ or BIA must identify “specific, cogent reasons” for an adverse credibility finding, and the reasons must be substantial and legitimately connected to the finding. Singh v. Ashcroft, 367 F.3d 1139, 1143 (9th Cir.2004). This means that the reason identified must “strike at the heart of the claim” to asylum. Li v. Ashcroft, 378 F.3d 959, 964 (9th Cir.2004). “Minor inconsistencies ... that do not relate to the basis of an applicant’s alleged fear of persecution, [or] go to the heart of the asylum claim” do not generally support an adverse credibility finding. Mendoza Manimbao v. Ashcroft, 329 F.3d 655, 660 (9th Cir.2003). An adverse credibility determination may not be based on speculation or conjecture not supported by evidence in the record. Ge v. Ashcroft, 367 F.3d 1121, 1124-25 (9th Cir.2004).
We independently review each ground the agency cites in support of an adverse credibility finding. Zheng v. Ashcroft, 397 F.3d 1139, 1143 (9th Cir.2005). Here, Wang makes two independent claims for asylum—one based on China’s population control program and the other based on his religion.