GUAN v. GONZALES

Docket No. 03-40574-AG.

432 F.3d 391 (2005)

Yun-Zui GUAN, Petitioner, v. Alberto R. GONZALES, United States Attorney General, Respondent.

United States Court of Appeals, Second Circuit.

Decided: December 23, 2005.


Attorney(s) appearing for the Case

Thomas V. Massucci, New York, NY.

Susan Lindquist, Assistant United States Attorney (Timothy M. Burgess, United States Attorney for the District of Alaska, on the brief), United States Attorney's Office for the District of Alaska, Anchorage, AK.

Before: NEWMAN, CABRANES, and HALL, Circuit Judges.


PER CURIAM.

We consider here whether (1) in an instance where the BIA agrees with the IJ's adverse credibility determination and, without rejecting any of the IJ's grounds for decision, emphasizes particular aspects of that decision, we may base our decision on a ground of the IJ's decision not explicitly discussed by the BIA; and (2) in the circumstances presented, adverse credibility findings of the BIA and IJ were based on substantial evidence insofar as they relied...

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