Mingqiang Chen v. Eric Holder, Jr.

MEMORANDUM

Mingqiang Chen petitions for review of a decision of the Board of Immigration Appeals (“BIA”), adopting and affirming the immigration judge’s (“IJ”) denial of his applications for asylum and withholding of removal. The IJ denied Chen’s asylum application, because the application was untimely. As to the withholding of removal application, the IJ denied Chen’s claims of past and future persecution based on adverse credibility grounds. The IJ also denied his withholding of removal application, because Chen failed to show an objectively reasonable fear of future persecution on account of his religion. We grant the petition and remand.

1. The BIA determined that Chen failed to-file his asylum application within one year of entering the United States. Citing to 8 U.S.C. § 1158 (b)(l)(B)(ii), the BIA opinion suggests that corroborative evidence was required for Chen to make such a showing. In Singh v. Holder, 649 F.3d 1161, 1168-69 (9th Cir.2011) (en banc), we held that the statutory corroboration provision in § 1158(b)(l)(B)(ii) does not apply to an applicant’s burden of proving that he filed his application within one year of arrival to the United States. However, we…