ZHANLING JIANG v. Holder

Zhanling Jiang, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (BIA) decision denying his applications for adjustment of status, asylum, withholding of removal, and protection under the Convention Against Torture. Jiang also appeals both the immigration judge’s (IJ) denial of his motion for a continuance and the BIA’s denial of his motion to remand to the IJ for reconsideration of his application for adjustment of status. We grant the petition as to Jiang’s adjustment of status application and remand to the BIA for further proceedings.

I.

Substantial evidence does not support the IJ’s finding, and the BIA’s conclusion, that Jiang was married and thus ineligible for adjustment of status as the unmarried son of a United States citizen. See Zhao v. Mukasey, 540 F.3d 1027, 1029 (9th Cir.2008). Jiang submitted two doeu ments that were issued in China to establish that he was single: an “Affidavit of Single” issued by the China Family Planning Commission, and a notarial certificate indicating that there was no record of a marriage registration for Jiang found in the Marriage Registration Authority of Jiang’s domicile. The IJ refused…