*3 district judge, attempted to make lemon- GOULD and N.R. ade as best he could. Judges, KORMAN, District Judge.*
I agree majority that the dis- trict court correctly granted summary
judgment in favor of the defendants AMENDED MEMORANDUM** However, issue. be- 1. Substantial evidence does not sup- cause Dr. Klecan’s both inad- port the adverse credibility finding. The and extremely prejudicial, missible I would *4 (IJ) immigration judge identified two main reverse and remand for a new reasons for its adverse credibility determi-
nation. The first reason —the date of the alleged (even rape fails, because if not — trivial, Gonzales, see Don v. (9th Cir.2007)) Win was not proper- ly confronted or an opportunity to explain the inconsistencies in the dates. (1)Win was not why asked there were two different statement, (2) versions of her nor WIN, ZAR Petitioner, THU why she asked the date of the incident Rather, corrected changed. was only why asked that her stated HOLDER, Jr., Eric H. Attorney application correct, when it was not. General, Respondent. Therefore, given the lack of confrontation opportunity in- dates, consistent this inconsis- United States Court of Appeals, tency does not support an adverse credibil- ity finding. See Guo v. Ashcroft, 361 F.3d Cir.2004) (“[Ujnclear Argued and Submitted June vague] testimony may [or not serve as Filed Aug. substantial an adverse credi- Wayne McMillan, R. bility finding Law Office of R. when an applicant not giv- McMillan, Wayne Pasadena, CA, en the chance attempt for Peti- to clarify his or tioner. her testimony.”).
Oil, Aaron R. Petty, Depart- DOJ-U.S. The IJ also found Win not credible Justice, ment DC, Washington, Chief based on allegedly Win’s inconsistent testi- Ice, Counsel Office of the Chief Counsel mony that her, the police watching Department of Security, Homeland yet San she was able to obtain a passport and ' Francisco, CA, Respondent. authorization to travel. This finding fails * ** Korman, The Honorable Edward R. This is not Judge District for the U.S. District Court for precedent cation and is York, the Eastern District sitting by of New 9th Cir. R. 36-3. designation.