Shi Feng Gao v. Holder

MEMORANDUM **

Shi Feng Gao, 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 (“IJ”). decision denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . Reviewing for substantial evidence, Zhu v. Mukasey, 537 F.3d 1034, 1038 (9th Cir.2008), we grant the petition for review and remand.

Substantial evidence does not support the BIA’s adverse credibility determination. See id. To the extent the BIA relied on an inconsistency based on testimony Gao gave during his airport interview, substantial evidence does not support that finding. See id. at 1040-41 (petitioner’s failure to mention core incident of persecution at her airport interview was not a proper basis for an adverse credibility finding). Substantial evidence also does not support the BIA’s finding that Gao’s testimony was evasive and non-responsive to the questions asked of him. See Singh v. Ashcroft, 301 F.3d 1109, 1114 (9th Cir.2002) (“[Ojur review of the record revealed no instance in which [petitioner] evaded or refused to answer a direct question put to him.”).…