Xia Zhang v. Gonzales

MEMORANDUM ***

Xia Zhang petitions for review of an order by the Board of Immigration Appeals (“BIA”) affirming without opinion the immigration judge’s (“IJ”) order denying Zhang’s application for asylum, withholding of removal, and protection under the Convention Against Torture. The IJ denied Zhang’s application for lack of credibility. We grant the petition for review.

I

When the BIA affirms an IJ decision without opinion, we review the decision of the IJ for substantial evidence. Zi Lin *146 Chen v. Ashcroft, 362 F.3d 611, 616 (9th Cir.2004). Zhang claims the Chinese government persecuted her by arresting her for practicing Christianity and subjecting her to a forced abortion and IUD insertion. The IJ addressed each ground separately, finding both of Zhang’s claims not credible.

We independently evaluate each ground cited by the IJ for an adverse credibility finding. Wang v. Ashcroft, 341 F.3d 1015, 1021 (9th Cir.2003). An IJ must support an adverse credibility determination with specific reasons for disbelief. Bandari v. INS, 227 F.3d 1160, 1165 (9th Cir.2000). These reasons “must be substantial and bear a legitimate nexus to the finding. Thus, there must be a rational…