Mei Liu v. Eric Holder, Jr.

MEMORANDUM

Mei Liu, a native and citizen of China, seeks review of the Board of Immigration Appeals’ order affirming an immigration judge’s denial of her claims for asylum, withholding of removal and protection under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 , and we grant the petition and remand for further proceedings.

Where, as here, the BIA reviewed the IJ’s adverse credibility determination for clear error, we “look to the IJ’s oral decision as a guide to what lay behind the BIA’s conclusion” but review only those portions of the IJ’s credibility finding that the BIA identified as most significant. Telele v. Mukasey, 533 F.3d 1044, 1051 (9th Cir.2008) (internal quotation marks omitted). “We review factual findings, including adverse credibility determinations, for substantial evidence.” Garcia v. Holder, 749 F.3d 785, 789 (9th Cir.2014).

The BIA cited four bases for affirming the IJ’s adverse credibility finding: (1) Liu’s failure to raise her mother’s arrest and detention until her testimony before the IJ; (2) Liu’s failure to mention home visits from the police until her testimony; (3) Liu’s failure to describe physical harm she suffered…