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GUO v. ASHCROFT

No. 03-2972.

386 F.3d 556 (2004)

Jian Lian GUO, Petitioner v. John ASHCROFT, Attorney General of the United States Respondent.

United States Court of Appeals, Third Circuit.

Filed October 25, 2004.

Attorney(s) appearing for the Case

Theodore N. Cox, Joshua Bardavid, (Argued), New York, for Petitioner.

Peter D. Keisler, Assistant Attorney General, Civil Division, Mark C. Walters, Assistant Director, Theordore C. Hirt, (Argued), Douglas E. Ginsburg, John D. Williams, John M. McAdams, Jr., Department of Justice Civil Division, Office of Immigration Litigation, Washington, for Respondent.

Before AMBRO, ALDISERT and STAPLETON, Circuit Judges.

OPINION OF THE COURT

AMBRO, Circuit Judge.

Jian Lian Guo seeks review of the order of the Board of Immigration Appeals ("Board") denying her motion to reopen her immigration proceedings. Because we conclude that the Board failed to substantiate its decision and impermissibly relied on a prior adverse credibility determination unrelated to Guo's petition for asylum, we grant the petition for review and remand for further proceedings.

I. Factual and...

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