Zhihong an v. Loretta E. Lynch

MEMORANDUM

Zhihong An, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, applying the standards created by the REAL ID Act. Ren v. Holder, 648 F.3d 1079, 1083-84 (9th Cir. 2011). We grant the petition for review and remand.

The BIA affirmed the denial of An’s claims based on a failure to corroborate. The agency, however, made its corroboration findings without applying the notice and opportunity to explain requirements set forth in Ren v. Holder, relying instead on a Ninth Circuit, decision that is no longer good law. See Oshodi v. Holder, 671 F.3d 1002 (9th Cir. 2012), withdrawn by court order, 678 F.3d 776 (9th Cir. 2012). Thus, we grant An’s petition for review, and remand for the agency to reconsider his claims in light of Ren , and to consider the impact, if any, of the court’s intervening decisions in Zhi v. Holder, 751 F.3d 1088 (9th…