Meihua Zhang v. Jefferson Sessions , 694 F. App'x 552 ( 2017 )

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FILED
FOR THE NINTH CIRCUIT
JUL 21 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
MEIHUA ZHANG, No. 13-71279
Petitioner, Agency No. A099-890-060
v.
MEMORANDUM*
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 27, 2017**
Before: THOMAS, Chief Judge, and HAWKINS and McKEOWN, Circuit Judges.
Meihua Zhang, 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 (“IJ”) decision denying her application for asylum,
*
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).
withholding of removal, and protection under the Convention Against Torture.
Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial
evidence the agency’s factual findings. Lai v. Holder, 773 F.3d 966, 970 (9th Cir.
2014) (citing Garcia v. Holder, 749 F.3d 785, 789 (9th Cir. 2014)). We grant the
petition for review and remand.
The record compels the conclusion that the IJ did not provide Zhang
adequate notice of the corroboration required to supplement her credible testimony
and an opportunity to explain the reasonable availability of such evidence. See Ren
v. Holder, 648 F.3d 1079, 1093 (9th Cir. 2011); Lai, 773 F.3d at 975–76
(concluding that reliance on failure to provide corroborating evidence was
procedurally improper where applicant never received notice of a need to produce
the corroborative evidence identified in the IJ’s decision or an opportunity to either
produce the evidence or explain its unavailability). We note that the IJ did not
have the benefit of Ren because it was issued after her decision but before the
BIA’s decision. We therefore remand for further proceedings consistent with this
disposition.
PETITION FOR REVIEW GRANTED and REMANDED.
2 13-71279