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United States Ninth Circuit


Lin v. Gonzales, 04-70422

Petition for review of a denial of an asylum claim is granted where the immigration judge's adverse credibility was not supported by substantial evidence where it was based on: 1) speculation as to what an official document should look like; 2) conjecture about the significance of missing details in a document; and 3) musings as to the format of a document.

Appellate Information

  • Argued 11/18/2005
  • Decided 01/12/2006
  • Published 01/12/2006

Judges

  • McKEOWN, Circuit Judge., Before HAWKINS, McKEOWN, and CLIFTON, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Benjamin V. Chen, Benjamin V. Chen, AAL, LLLC, Honolulu, HI, for appellant Dao Lu Lin.

  • For Appellees:
  • William C. Minick and Barry J. Pettinato, Office of Immigration Litigation, U.S. Department of Justice, Washington, DC, for appellee Alberto R. Gonzales, Attorney General.
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