Hongliang Hou v. Eric H. Holder Jr.

FILED
NOT FOR PUBLICATION MAR 13 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
HONGLIANG HOU, No. 08-73699
Petitioner, Agency No. A098-448-358
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 12, 2012 **
Before: B. FLETCHER, REINHARDT, and TASHIMA, Circuit Judges.
Hongliang Hou, a native and citizen of China, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s decision denying his application for asylum, withholding of
removal, and protection under the Convention Against Torture (“CAT”). We have
*
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).
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence,
Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir. 2001), and we grant the petition
for review and remand.
Substantial evidence does not support the agency’s adverse credibility
determination, because Hou was never given an opportunity to explain the
omission from his asylum application of the specific harms he suffered during his
detention. See Soto-Olarte v. Holder, 555 F.3d 1089, 1091-92 (9th Cir. 2009)
(petitioner must be given an opportunity to explain perceived inconsistencies).
Accordingly, we grant the petition as to Hou’s asylum, withholding of
removal, and CAT claims, and remand to the BIA on an open record for further
proceedings consistent with this disposition. See INS v. Ventura, 537 U.S. 12, 16-
18 (2002) (per curiam); Soto-Olarte, 555 F.3d at 1095-96.
PETITION FOR REVIEW GRANTED; REMANDED.
2 08-73699