Li Jun Song v. Mukasey

dissenting.

I would deny the petition for review. In my view, the Immigration Judge’s adverse credibility determination was supported by substantial evidence. The record contains transcripts of two airport interviews. One was conducted in Mandarin, the other in English; petitioner is fluent in English. *463 At neither of these interviews did petitioner mention the 1989 political activity and persecution upon which he relied at his asylum hearing before the IJ. Further, according to petitioner, his older sister was in China in 1989. She was in Los Angeles at the time of petitioner’s asylum hearing in that city and thus could easily have come to corroborate his testimony, but she did not do so.

MEMORANDUM *

Li Jun Song, a native and citizen of China, petitions for review of a final order of removal issued by the Board of Immigration Appeals (“BIA”), which affirmed without opinion the adverse credibility determination of the Immigration Judge (“IJ”). 1 We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we grant Song’s petition for review, vacate the BIA’s decision, and remand for a renewed credibility determination, see Garrovillas v. INS, 156 F.3d 1010, 1016 (9th Cir.1998).

Song argues that the IJ’s adverse credibility determination is not supported by substantial evidence. We uphold an IJ’s credibility determination “unless the evidence compels a contrary result.” Don v. Gonzales, 476 F.3d 738, 741 (9th Cir.2007). “When the IJ denies asylum based ‘on an adverse credibility determination, [s]he must provide specific, cogent reasons to support [her] determination ... [which] cannot be peripheral, but rather must go to the heart of petitioner’s claim.’ ” Id. (quoting Desta v. Ashcroft, 365 F.3d 741, 745 (9th Cir.2004)) (third alteration in original). We hold that the IJ based her adverse credibility determination on improper grounds.

The IJ’s adverse credibility…