Guan v. Holder
**Credibility (adverse finding not supported by substantial evidence)
Adverse credibility finding not supported by substantial evidence where the IJ relied on an article in the CALIFORNIA LAWYER (which was not part of the record) to note a trend of “bogus” asylum applications by
Chinese applicants in the Los Angeles area. It is uncertain whether or not this reference “infected” the remainder of his reasoning about how Guan procured his passport and visa. Another reason the IJ gave for the adverse credibility determination was also flawed – that Guan failed to seek asylum at the embassy in China, or upon arrival at the airport, or when extending his visa, or thereafter, and renewed his Chinese passport in the meantime- because the IJ failed to take Yu’s explanation into account.
Dissent (Bea): IJ made “one silly reference to inadmissable evidence.” The IJ cited several facts, entirely unrelated to the California Lawyer article, to support his adverse credibility finding and he askedGuan for explanations. Guan’s answer: “I felt the free air.”
http://www.ca9.uscourts.gov/datastore/memoranda/2009/09/29/05-72803d.pdf
newimmigrationcases
