Chen v. Holder
**Credibility**
Substantial evidence does not support the IJ’s adverse credibility determination. In basing her conclusion partly on Chen’s demeanor, the IJ failed to refer “specifically and cogently to the non-credible aspects” of his demeanor.” The IJ’s findings that Chen testified vaguely and inconsistently is not supported by the record. In addition, inconsistencies found in Chen’s testimony about his marital status were explained by the Chinese method of calculating age. They were also immaterial because all the ages he testified about were below the age of a legal marriage. Lastly, the IJ improperly relied on speculation and conjecture when she found that Chen’s inability to remember certain details of his trip to the United States was not in accordance with his level of sophistication.
http://www.ca9.uscourts.gov/datastore/memoranda/2009/09/09/04-72889.pdf
newimmigrationcases
