Lai v. Holder, No. 10-73473 (9th Cir. 2014)
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Yongguo Lai, a native and citizen of China, appealed a Board of Immigration Appeals (BIA) decision dismissing Lai's appeal of an immigration judge's (IJ) decision denying his application for asylum, withholding of removal and protection under the Convention Against Torture (CAT). The BIA relied on the IJ's finding that Lai's claim of persecution and torture on account of his Christian religion was not credible. The IJ based her ruling, in relevant part, on Lai's testimony during cross-examination that contained information the IJ found to be missing from and inconsistent with Lai's initial written application and direct testimony, and uncorroborated in one respect. Upon review, the Ninth Circuit concluded the BIA's adverse credibility determination was not supported by substantial evidence. Accordingly, the Court reversed and remanded the case to the BIA for further proceedings.
Court Description: Immigration. The panel granted a petition for review of the Board of Immigration Appeals’ denial of asylum, withholding of removal, and protection under the Convention Against Torture. The panel held that substantial evidence did not support the Board’s adverse credibility determination. The panel explained that the Board’s credibility determination was flawed where it relied on petitioner’s omission until cross- examination of details concerning third parties, which were not contradictory to his earlier testimony or application materials, and held that the Board erred by rejecting petitioner’s explanation for failing to amend or add this information to his asylum application at the outset of his merits hearing.
The court issued a subsequent related opinion or order on November 4, 2014.
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