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Li v. Holder, No. 06-73365

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By FindLaw Staff on January 20, 2011 4:34 PM

Petition for Review of Removal Order Granted

In Li v. Holder, No. 06-73365, a petition for review of a Board of Immigration Appeals decision affirming an immigration judge's denial of petitioner's application for asylum, withholding of removal, and relief under the Convention Against Torture, the court granted the petition where 1) there was a lack of substantial evidence to base adverse credibility on the finding that petitioner was not a Christian; and 2) there was a lack of substantial evidence to base adverse credibility on the finding that petitioner was evasive or inconsistent.

 

As the court wrote:  "Lei Li, a native and citizen of the People's Republic of China, petitions for review of a Board of Immigration Appeals ("BIA") decision affirming an immigration judge's ("IJ") denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture. Li's petition was denied based on an adverse credibility determination. We have jurisdiction to review under 8 U.S.C. § 1252. We reverse the adverse credibility determination and remand to the agency for further proceedings."

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