Deng
Guangjun Deng v. Holder
Opinion
Opinion
MEMORANDUM
Guangjun Deng, a native and citizen of the People’s Republic of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of his application for asylum, based on its adoption of the Immigration Judge’s (“IJ”) adverse credibility finding. We have jurisdiction pursuant to 8 U.S.C. § 1252 . Because we conclude that the IJ’s adverse credibility finding is not supported by substantial evidence, we grant the petition and remand for further proceedings pursuant to INS v. Ventura, 537 U.S. 12 , 123 S.Ct. 353 , 154 L.Ed.2d 272 (2002) (per curiam).
The IJ based his adverse credibility finding on five grounds. First, the IJ found that Deng lacked credibility because his hearing testimony was inconsistent with statements in his asylum application. Specifically, the IJ found that Deng testified about two police visits to his home in China that he failed to mention in his application. However, there was no inconsistency between the asylum application and Deng’s testimony. At Deng’s hearing he testified about a February 2003 police visit, which had not yet occurred when he filed his application in January 2003. As to the second police visit in January 2003, it…