Jianming Dong v. Holder

MEMORANDUM **

Jianming Dong, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order affirming an immigration judge’s (“IJ”) 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 . Reviewing for substantial evidence, Singh v. Gonzales, 439 F.3d 1100, 1105 (9th Cir.2006), we grant the petition for review.

We have jurisdiction to review the BIA’s timeliness determination because there is no evidence contrary to his testimony that he arrived within one year of his application. See Khunaverdiants v. Mukasey, 548 F.3d 760, 765 (9th Cir.2008). It follows that the BIA erred in finding that Dong did not establish by clear and convincing evidence that he filed his asylum application within one year of his entry into the United States. See id. at 766 .

The agency denied withholding of removal and CAT on adverse credibility grounds. Substantial evidence does not support the agency’s finding based upon a perceived inconsistency between Dong’s testimony that his wife received a forced *789 abortion and a hospital…