Xinhua Li v. Eric Holder, Jr.

U.S. Court of Appeals for the Ninth Circuit
Xinhua Li v. Eric Holder, Jr., 548 F. App'x 351 (9th Cir. 2013)

Xinhua Li v. Eric Holder, Jr.

Opinion

MEMORANDUM **

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. 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, 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 9th Cir. R. 36-3.

Reference

Full Case Name
Xinhua LI, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished