Yong Wang v. Eric Holder, Jr.

MEMORANDUM

Yong Wang, 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 (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). 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. Shrestha v. Holder, 590 F.3d 1034, 1039-40 (9th Cir.2010). We grant the petition for review and remand.

Substantial evidence does not support the agency’s adverse credibility finding based on Wang’s lack of familiarity with Christmas. See Ren v. Holder, 648 F.3d 1079, 1088-89 (9th Cir.2011); see also Tekle v. Mukasey, 533 F.3d 1044, 1052-55 (9th Cir.2008) (IJ mischaracterized the evidence). Further, substantial evidence does not support the agency’s adverse credibility determination based on the perceived inconsistencies regarding Sister Huo, and why Wang could not operate his business, see Shrestha, 590 F.3d at 1044 (“under the REAL ID Act, IJs must provide specific…