Opinion
No. 10-72865 Agency No. A088-465-569
2013-10-21
ZHILIN YANG, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
On Petition for Review of an Order of the
Board of Immigration Appeals
Before: FISHER, GOULD, and BYBEE, Circuit Judges.
Zhilin Yang, 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 and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence factual findings. Ren v. Holder, 648 F.3d 1079, 1083 (9th Cir. 2011). We grant the petition for review and we remand.
Yang challenges the BIA's conclusion that he failed to provide reasonably available corroborating evidence. The parties agree that the BIA relied solely on corroboration grounds in denying Yang's application. When the BIA issued its decision, it did not have the benefit of our intervening decision in Ren v. Holder. Accordingly, we remand to the agency for further proceedings consistent with this disposition. See INS v. Ventura, 537 U.S. 12, 16-18 (2002) (per curiam).
In light of our remand, we need not reach Yang's due process contentions.
PETITION FOR REVIEW GRANTED; REMANDED.