Kurniawaty v. Holder
October 27, 2009
**Credibility; withholding/disfavored group analysis**IJ’s adverse credibility determination not supported by substantial evidence because the IJ failed to point to inconsistencies in Kurniawaty’s testimony or offer other specific, cogent reasons for her disbelief of Kurniawaty’s Chinese ethnicity. Substantial evidence supports the BIA’s finding that Kurniawaty failed to establish she suffered past persecution in Indonesia. However, because the BIA declined to apply the Sael disfavored group analysis in analyzing Kurniawaty’s future fear, the case must be remanded for consideration of whether Kurniawaty is entitled to withholding of removal under Sael and Wakkary.http://www.ca9.uscourts.gov/datastore/memoranda/2009/10/27/06-74958.pdf
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