Bing Xu v. Eric Holder, Jr.

MEMORANDUM

Bing Quan Xu, a native and citizen of the People’s Republic of China, appeals the decision of the Board of Immigration Appeals (“BIA”) denying his application for asylum based on the immigration judge’s (“U”) adverse credibility determination. We have jurisdiction under 8 U.S.C. § 1252 . We grant Xu’s petition and remand it to the BIA for review.

Because Xu filed his application after May 11, 2005, Xu’s petition is governed by the credibility and corroboration standards set forth in the REAL ID Act of 2005. Shrestha v. Holder, 590 F.3d 1034, 1039-40 (9th Cir.2010). The BIA’s factual findings are reviewed for substantial evidence, while questions of law are reviewed de novo. Zhang v. Gonzales, 408 F.3d 1239, 1244 (9th Cir.2005).

1. Our review “is limited to the BIA’s decision, except to the extent the IJ’s opinion is expressly adopted.” Hos- seini v. Gonzales, 471 F.3d 953, 957 (9th Cir.2006) (internal quotation marks omitted). The BIA reviewed the IJ’s adverse credibility determination for clear error and expressly adopted four of the findings the IJ articulated in support of that determination. They include two purported inconsistencies between Xu’s asylum…