CA9 on Credibility: Perez-Arceo v. Lynch

Perez-Arceo v. Lynch, May 12, 2016- "We grant Antonio’s petition for review. The BIA did not address the IJ’s seemingly inconsistent credibility findings. Nor did the IJ make a finding that Antonio engaged in “an affirmative act of help, assistance, or encouragement” of smuggling as our case law requires for a violation of § 1182(a)(6)(E)(i). Altamirano v. Gonzales, 427 F.3d 586, 592 (9th Cir. 2005). We remand on an open record for the IJ to reconsider his ruling, provide further explanation, and engage in further factfinding if necessary."  [Hats off to Jorge Rodriguez-Choi!]