United States Ninth Circuit

If an applicant's testimony on a particular issue is not found incredible for purposes of determining whether he is eligible for asylum, it must be taken as true on the same issue for purposes of determining whether he is entitled to asylum. Denial of asylum is reversed and remanded.

Appellate Information

• Argued 03/03/2004
• Decided 04/19/2004
• Published 04/19/2004

Judges

• RYMER, Circuit Judge:, Before: O'SCANNLAIN, RYMER, and JAY S. BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David C. Tarshes (argued) and Jennifer Warner, Davis Wright Tremaine, LLP, Seattle, Washington, for the petitioner.


• For Appellees:
  
• Andrew C. MacLachlan (argued) and William C. Minick, Department of Justice, Civil Division, Office of Immigration Litigation, Washington, D.C., for the respondent.