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Li v. Holder (unpub)

July 29, 2010

**Credibility**

Substantial evidence does not support the BIA’s adverse credibility determination because the perceived inconsistencies identified by the BIA regarding whether Li removed his clothing during detention, whether he was paid wages after June 2000, and whether he knew his port of arrival in the United States are minor and do not got to the heart of his claim. Furthermore, Li’s omission in his asylum application of the incident of being doused with water
in his cell, when his application and testimony included being beaten and imprisoned for three weeks, does not support the BIA’s determination that he was not credible.  The BIA’s conclusion that Li could not remove his own clothes if he had been brutally beaten was based on impermissible speculation.

http://www.ca9.uscourts.gov/datastore/memoranda/2010/07/29/07-72678.pdf

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