United States Ninth Circuit

Petition for review of a denial of petitioner's applications for relief from removal is granted and the matter remanded where: 1) the BIA's adverse credibility finding was not supported by substantial evidence as the principal ground for the adverse credibility finding was based on the IJ's view, unsupported by any evidence, that a rape victim in petitioner's position would have gone to a doctor; and 2) police sought to arrest petitioner "on account of" a protected ground.

Appellate Information

• Argued 05/08/2008
• Decided 07/31/2008
• Published 07/31/2008

Judges

• Before:  W. FLETCHER and RONALD M. GOULD, Circuit Judges, and LOUIS H. POLLAK, Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David Z. Su, Monterey Park, CA, for the petitioner.


• For Appellees:
  
• Sada Manickam and Jacob A. Bashyrov, U.S. Department of Justice, Washington, D.C., for the respondent.