Jiahao Jin v. JEFFERSON B. SESSIONS III, Attorney General

16-70271Court of Appeals for the Ninth Circuit30 ott 2017

Testo completo

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JIAHAO JIN,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 16-70271
Agency No. A205-183-979
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 23, 2017**
Before: McKEOWN, WATFORD, and FRIEDLAND, Circuit Judges.
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
(“IJ”) decision denying his application for asylum, withholding of removal, and
relief under the Convention Against Torture (“CAT”). We have jurisdiction under
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
OCT 30 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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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 (2002) (per curiam).
PETITION FOR REVIEW GRANTED; REMANDED.

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