Miao Huang v. Mukasey
Opinion of the Court
MEMORANDUM
Miao Huang, a native and citizen of China, petitions for review of the Board of
The adverse credibility determination is not supported by substantial evidence. The IJ failed to provide specific, cogent reasons for the determination. See Gui v. INS, 280 F.3d 1217, 1228 (9th Cir. 2002). To the extent that the IJ identified inconsistencies, they were minor or did not go the heart of the claim. See Singh v. Ashcroft, 367 F.3d 1139, 1143 (9th Cir. 2004). Because the adverse credibility finding was not supported by substantial evidence, we remand to the BIA for further proceedings for a decision on the merits of Huang’s asylum and withholding of removal claims. See INS v. Ventura, 537 U.S. 12, 16, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002) (per curiam).
PETITION FOR REVIEW GRANTED and REMANDED.
This disposition is not appropriate for publication and is not precedent except as provid
Reference
- Full Case Name
- MIAO HUANG v. Michael B. MUKASEY, United States Attorney General
- Status
- Published