Lihua Ren v. Gonzales

MEMORANDUM **

Lihua Ren, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ decision summarily affirming an immigration judge’s (“IJ”) order denying her application for asylum and withholding of removal. 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. Ren initially testified that she did not recall anything happening on the morning of December 3, 2001, the same day that she went to the United States Consulate in the afternoon to fill out an application for a visa. After she was told that December 3, 2001 was a Monday — the day of the week *48 she was required to report to the local police — Ren changed her testimony, stating that she had in fact reported to the police on the morning of December 3, 2001. She explained the inconsistency by stating that she made a mistake because she was nervous. This minor inconsistency provides insufficient support for an adverse credibility determination. See…