Zhikai Qian v. Eric Holder, Jr.

MEMORANDUM

Zhikai Qian, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ 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, Tekle v. Mukasey, 533 F.3d 1044, 1051 (9th Cir.2008), and we grant the petition for review and remand.

The IJ denied Qian’s claims based on an adverse credibility determination. The IJ’s finding that Qian’s wife’s letter omits the central points of Qian’s claim is not supported because it is based on a mischaracterization of the letter. See id. at 1052-55 (adverse credibility finding not supported where IJ mischaracterized evidence and characterized evidence out of context). The IJ’s finding that Qian was often non-responsive is not supported because the IJ did not identify any instances in the record where Qian refused to answer questions. See Garrovillas v. INS, 156 F.3d 1010, 1014-15 (9th Cir.1998) (IJ “fail[ed] to specify any particular instances in his…