XIU XIA LIN v. MUKASEY

Docket No. 07-5211-ag.

534 F.3d 162 (2008)

XIU XIA LIN, Petitioner, v. Michael B. MUKASEY, Attorney General of the United States.

United States Court of Appeals, Second Circuit.

Decided: July 21, 2008.


Attorney(s) appearing for the Case

Sheema Chaudhry, Law Offices of Michael Brown, New York, NY, for Petitioner.

Allen W. Hausman, Senior Litigation Counsel (Jeffrey S. Bucholz, Acting Assistant Attorney General, Richard M. Evans, Assistant Director, on the brief), Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent.

Before: WINTER, MINER, and CABRANES, Circuit Judges.


PER CURIAM:

This petition requires us to consider the appropriate basis for an adverse credibility determination under the REAL ID Act, Pub L. No. 109-13, 119 Stat. 231 (2005). We write to clarify that the Act, which permits an IJ to base an adverse credibility finding on, inter alia, a lack of consistency "between the applicant's ... written and oral statements[,] ... the [in]consistency of such statements with other evidence of record ... and any inaccuracies...

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