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YE v. DEPARTMENT OF HOMELAND SECURITY

Docket No. 04-4519 AG.

446 F.3d 289 (2006)

Xian Tuan YE, Petitioner, v. DEPARTMENT OF HOMELAND SECURITY, Alberto R. Gonzales, U.S. Attorney General, Respondents.

United States Court of Appeals, Second Circuit.

Decided: May 2, 2006.

Attorney(s) appearing for the Case

Ramesh K. Shrestha, New York, NY, for Petitioner.

Thomas I. Meehan, Jr., Assistant United States Attorney (Chuck Rosenberg, United States Attorney for the Southern District of Texas, on the brief), United States Attorney's Office for the Southern District of Texas, Houston, TX, for Respondent.

Before: CABRANES, SOTOMAYOR, and RAGGI, Circuit Judges.

PER CURIAM.

We consider here principally (1) whether an adverse credibility finding is supported by substantial evidence where a petitioner's written asylum application and subsequent testimony contain material inconsistencies that "reach[] to the heart of the claim" of persecution; (2) whether an IJ was required to afford the petitioner an opportunity to respond before basing an adverse credibility determination on such...

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