U.S. Court of Appeals for the Ninth Circuit, 2017

Jiahao Jin v. Jefferson Sessions

Jiahao Jin v. Jefferson Sessions
U.S. Court of Appeals for the Ninth Circuit · Decided October 30, 2017 · McKeown, Watford, Friedland
699 F. App'x 755

Jiahao Jin v. Jefferson Sessions

Opinion

MEMORANDUM **

Jiahao Jin, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“U”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings. Zhi v. Holder, 751 F.3d 1088, 1091 (9th Cir. 2014). We grant the petition for review and remand.

The agency denied Jin’s claims based on a finding that Jin failed to provide sufficient corroborating evidence. Substantial evidence does not support the agency’s finding. See Ren v. Holder, 648 F.3d 1079, 1093 (9th Cir. 2011); see Zhi, 751 F.3d at 1095 (IJ erred in not providing applicant notice that he was required to present corroborative evidence referred to in her decision). Thus, we grant the petition for review and remand 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 Ninth Circuit Rule 36-3.

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