Jinbei Xue v. Eric Holder, Jr.

MEMORANDUM

Jinbei Xue, 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 the agency’s factual findings, applying the standards governing adverse credibility determinations created by the REAL ID Act, Shres-tha v. Holder, 590 F.3d 1034, 1039 (9th Cir.2010), and review de novo claims of due process violations in immigration proceedings, Zetino v. Holder, 622 F.3d 1007, 1011 (9th Cir.2010). We grant the petition for review, and we remand.

Substantial evidence does not support the BIA’s reliance on Xue’s inability to recall the days of the week on which specific events occurred. See Ren v. Holder, 648 F.3d 1079, 1085-86 (9th Cir.2011) (inconsistency regarding day incident occurred was “manifestly trivial” and could “not form a basis for an adverse credibility determination”). Substantial evidence also does not support the BIA’s reliance on Xue’s omission of being taken to a court because, contrary to the BIA’s finding, Xue was never…