Xiaodan Zhang v. Eric Holder, Jr.
Opinion
Opinion
MEMORANDUM
Xiaodan Zhang, a native and citizen China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her applications 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. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We grant the petition for review, and we remand.
In upholding the IJ’s denial of relief, the BIA faulted Zhang for failing to corroborate her claim related to her cesarean section. Because the IJ did not have the benefit of our intervening decision in Ren v. Holder, 648 F.3d 1079 (9th Cir.2011), and the BIA did not apply the framework articulated in Ren, 648 F.3d at 1090-93 , we grant the petition for review. We remand Zhang’s asylum and withholding of removal claims to the BIA for further proceedings consistent with this disposition, including, if appropriate, remand to the IJ. See INS v. Ventura, 537 U.S. 12, 16-18 , 123 S.Ct. 353 , 154 L.Ed.2d 272 (2002) (per curiam).