Gill

Gill v. Mukasey

Good Law
264 F. App'x 670
United States Court of Appeals for the Ninth CircuitJanuary 22, 2008Nos. 06-70729, 06-71709California503 words

Opinion

lead Opinion

MEMORANDUM ***

Gurpreet Singh Gill, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (BIA) denial of his application for asylum, withholding of deportation, and protection under the Convention Against Torture (CAT). 1 We grant the petition.

We have jurisdiction under 8 U.S.C. § 1252 . Where, as here, the BIA affirms an Immigration Judge’s (IJ) order without opinion, we review the IJ’s decision. Kasnecovic v. Gonzales, 400 F.3d 812, 813 (9th *671 Cir.2005). Adverse credibility findings are reviewed under the substantial evidence standard. Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002). Although the standard is deferential, the IJ must provide a specific, cogent reason for the adverse credibility finding. Id. Any relied on inconsistencies must go to the heart of the persecution claim. Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004).

The IJ based her adverse credibility determination on the facts that Gill lied about his name on his asylum application and failed to reveal his true identity at the asylum office, and his statement, under cross examination, that he would lie in court in order to save his life. 2 The IJ’s credibility…

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