Bin Zhang v. Holder , 388 F. App'x 661 ( 2010 )

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT JUL 19 2010
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
BIN ZHANG, No. 07-71165
Petitioner, Agency No. A016-077-185
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 29, 2010 **
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
Bin Zhang, a native and citizen of China, petitions for review of the Board
of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration
judge’s decision (“IJ”) denying his application for asylum, withholding of removal,
and relief under the Convention Against Torture (“CAT”). We have jurisdiction
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
under 8 U.S.C. § 1252. We review for substantial evidence, Tekle v. Mukasey, 533
F.3d 1044, 1051 (9th Cir. 2008), and we grant the petition for review and remand.
Substantial evidence does not support the agency’s denial of Zhang’s claims
on the basis of an adverse credibility determination. See Kaur v. Ashcroft, 379
F.3d 876, 885-90 (9th Cir. 2004). The IJ did not specifically and cogently refer to
any non-verbal aspect of Zhang’s demeanor, see Arulampalam v. Ashcroft, 353
F.3d 679, 686 (9th Cir. 2003), and did not specify portions of the testimony where
Zhang was unresponsive, see Singh v. Ashcroft, 301 F.3d 1109, 1114 (9th Cir.
2002), thus those findings are not supported. The IJ’s finding with respect to
whether Zhang’s mother attended Long Ma’s house church is also unsupported.
See He v. Ashcroft, 328 F.3d 593, 598 (9th Cir. 2003) (“[F]aulty or unreliable
translations can undermine the evidence on which an adverse credibility
determination is based.”). In addition, the IJ impermissibly engaged in speculation
and conjecture regarding: (1) how long it would take Zhang to decide to convert to
Christianity; (2) whether he would know the full name of Lucy, the woman who
introduced him to Christianity; and (3) whether he would lose touch with Lucy.
See Kaur, 379 F.3d at 886-87. Furthermore, Zhang’s testimony and asylum
application are not inconsistent with respect to whether he was alone when he first
met Lucy, or with respect to whether he was in Shanghai at the time he claimed to
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have become a Christian there. See Paramasamy v. Ashcroft, 295 F.3d 1047,
1052-54 (9th Cir. 2002).
The IJ did not address Zhang’s explanation for the perceived discrepancy
between his testimony and asylum application with respect to whether his mother
informed him church members other than Long Ma were arrested, see Kaur, 379
F.3d at 887, and did not give Zhang the opportunity to explain the omission from
his asylum application that police told his mother not to warn Zhang he would be
arrested, see Tekle, 533 F.3d at 1054.
Finally, because none of the IJ’s adverse credibility findings are supported,
Zhang was not required to provide corroboration. See Kaur, 379 F.3d at 890.
We grant the petition for review and remand to the BIA on an open record
for further proceedings consistent with this disposition. See Soto-Olarte v. Holder,
555 F.3d 1089, 1093-96 (9th Cir. 2009); see also INS v. Ventura, 537 U.S. 12, 16-
18 (2002) (per curiam).
PETITION FOR REVIEW GRANTED; REMANDED.
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