Ren

Ren v. Holder

Bad Law
648 F.3d 1079·2011 WL 3633694·2011 U.S. App. LEXIS 17219
United States Court of Appeals for the Ninth CircuitAugust 19, 201108-71315California7,947 words

Opinion

Opinion

Reinhardt, J.

I.

Yaogang Ren petitions for review of the denial of his application for asylum, withholding of removal, and protection under the United Nations Convention Against Torture. Because he filed his application after May 11, 2005, his case is governed by the credibility and corroboration standards set forth in the REAL ID Act. Applying those standards, we hold that the Immigration Judge’s (“IJ”) adverse credibility determination was impermissibly based on mischaracterizations of Ren’s testimony as well as inconsistencies that, considering the totality of the circumstances, were trivial. We further hold, however, that Ren was given the proper notice and opportunity to respond to the IJ’s request for corroborative evidence. Because Ren failed to provide that evidence and did not provide any explanation for his failure to do so, and because the IJ was not compelled to conclude that Ren met his burden of proof without that evidence, we deny his petition.

II. Facts

Yaogang Ren, a native and citizen of China, entered the United States on a nonimmigrant B-l visa on February 27, 2005. On June 7, 2005, he filed an application for asylum, withholding of removal, and protection under…

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