Opinion
No. 12-73129
11-25-2014
QI CAO, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A087-877-766 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: LEAVY, FISHER, and N.R. SMITH, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Qi Cao, a native and citizen of China, petitions pro se 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, withholding of removal, and protection under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency's factual findings, applying the standards governing adverse credibility determinations created by the REAL ID Act. Ren v. Holder, 648 F.3d 1079, 108485 (9th Cir. 2011). We grant the petition for review and remand.
The agency denied Cao's claims based an adverse credibility determination. The agency's implausibility finding regarding Cao's employment verification letter is based on speculation and conjecture. See Jibril v. Gonzales, 423 F.3d 1129, 1136 (9th Cir. 2005) (rejecting adverse credibility finding where IJ's conclusions rested on "speculation and conjecture"). Further, the agency mischaracterized the evidence in finding that Cao admitted she told her mother and boyfriend what to write in their letters, and in finding the letters were similar. See Tekle v. Mukasey, 533 F.3d 1044, 1052-55 (9th Cir. 2008) (IJ mischaracterized the evidence). Thus, substantial evidence does not support the agency's adverse credibility determination. See Ren, 648 F.3d at 1089.
We remand this case 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); see also Soto-Olarte v. Holder, 555 F.3d 1089, 1095 (9th Cir. 2009).
PETITION FOR REVIEW GRANTED; REMANDED.