Zhang

Zhang v. Gonzales

Good Law
143 F. App'x 866
United States Court of Appeals for the Ninth CircuitSeptember 19, 2005No. 04-73196; Agency No. A95-315-380California388 words

Opinion

Lead Opinion

MEMORANDUM **

Yinyao Zhang, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) *867 decision summarily affirming an immigration judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and relief pursuant to the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . Reviewing for substantial evidence, see Akinmade v. INS, 196 F.3d 951, 954 (9th Cir.1999), we grant the petition for review and remand for further proceedings.

Substantial evidence does not support the IJ’s adverse credibility determination. First, the IJ’s disbelief of portions of Zhang’s testimony was improperly based upon conjecture and speculation. See Lopez-Reyes v. INS, 79 F.3d 908, 912 (9th Cir.1996). Specifically, the record contains no evidence to substantiate the IJ’s opinions as to (1) the difficulty Zhang should have experienced in leaving China undetected, (2) how much money Zhang’s family would have paid for him to leave the country, and (3) the time it would take to mobilize a 300-person strike in Zhang’s Shanghai textile factory. Accordingly, these grounds cannot support an adverse credibility…

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