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· 3/30/2004

Zi Lin Chen v. John Ashcroft, Attorney General

Citations

  • 362 F.3d 611
  • 2004 U.S. App. LEXIS 5842
  • 2004 WL 615199

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “the IJ erred by failing to consider” an explanation offered by the petitioner for her brother’s failure to appear and testify on her behalf
  • noting that an adverse credibility determination must be based on a “specific, cogent reason for any stated disbelief”
  • noting that asylum applicant should be afforded \a reasonable opportunity to explain what the IJ perceived as an inconsistency in her testimony\
  • noting that the Ninth Circuit has recognized only two such “rare” exceptions
  • holding that, when the petitioner had been “denied a reasonable opportunity to explain what the IJ perceived as an inconsis- tency in her testimony,” the “IJ’s doubt about the veracity of her story [could not] serve as a basis for the denial of asy- lum”
  • holding adverse credibility determinations are reversed only if the evidence compels a contrary conclusion

Source: CourtListener parenthetical corpus (CC0).

Judges: Alarcón, Beezer, Fletcher

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.