Juan Xu v. Holder

367 F. App'x 829

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 25, 2010
• Docket: 07-71722
• Status: Unpublished

Opinion

MEMORANDUM **

Juan Xu, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her application for asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, Singh v. Ashcroft, 362 F.3d 1164, 1168 (9th Cir.2004), and we grant the petition for review, and remand.

Substantial evidence does not support the agency’s adverse credibility determination because the date discrepancies identified by the agency are minor and do not go to the heart of Xu’s claim. See Bandari v. INS, 227 F.3d 1160, 1166 (9th Cir.2000). Moreover, the agency erroneously relied on the asylum officer’s interview notes, which were not sufficiently reliable to impeach Xu’s testimony. See Singh v. Gonzales, 403 F.3d 1081, 1089-90 (9th Cir.2005). Finally, because none of the agency’s adverse credibility findings are supported, Xu was not required to provide corroboration. See Kaur v. Ashcroft, 379 F.3d 876, 890 (9th Cir.2004).

Accordingly, we grant the petition for review, and remand Xu’s claims to the BIA on an open record. See Soto-Olarte v. Holder, 555 F.3d 1089, 1093-96 (9th Cir.2009); see also INS v. Ventura, 537 U.S. 12, 16, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002) (per curiam).

PETITION FOR REVIEW GRANTED; REMANDED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9lh Cir. R. 36-3.