Hongliang Hou v. Eric H. Holder Jr.

MEMORANDUM

Hongliang Hou, 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 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, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and we grant the petition for review and remand.

Substantial evidence does not support the agency’s adverse credibility determination, because Hou was never given an opportunity to explain the omission from his asylum application of the specific harms he suffered during his detention. See SotoOlarte v. Holder, 555 F.3d 1089, 1091-92 (9th Cir.2009) (petitioner must be given an opportunity to explain perceived inconsistencies).

Accordingly, we grant the petition as to Hou’s asylum, withholding of removal, and CAT claims, and remand to the BIA on an open record for further proceedings consistent with this disposition. See INS v. Ventura, 537 U.S. 12, 16-18 , 123 S.Ct. 353 , 154 L.Ed.2d 272 (2002) (per curiam); Soto-Olarte, 555 F.3d at 1095-96…