Xinhua Li v. Eric Holder, Jr. , 548 F. App'x 351 ( 2013 )

FILED
NOT FOR PUBLICATION DEC 9 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
XINHUA LI, No. 11-70799
Petitioner, Agency No. A088-130-220
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 19, 2013**
Before: CANBY, TROTT, and THOMAS, Circuit Judges.
Xinhua Li, 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 and withholding of removal.
*
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).
We have jurisdiction under 8 U.S.C. § 1252. We grant the petition for review and
we remand.
The BIA determined Li’s testimony was not sufficiently persuasive and
specific to establish she underwent a forced abortion in China, and that she
provided no corroboration of this claim. The BIA also determined Li failed to
corroborate the arrests based on her Christian religion. In reaching these
conclusions, the BIA did not have the benefit of our decision in Ren v. Holder, 648
F.3d 1079 (9th Cir. 2011), regarding notice and an opportunity to provide
corroborative evidence. Thus, we grant the petition for review and remand this
case to the BIA for further proceedings consistent with this disposition. See INS v.
Ventura, 537 U.S. 12, 16-18 (2002) (per curiam).
PETITION FOR REVIEW GRANTED; REMANDED.
2 11-70799