Yongze Li v. Holder

MEMORANDUM **

Yongze Li, a native and citizen of China, petitions for review of the Board of Immi *726 gration Appeals’ (“BIA”) order dismissing his appeal from 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 . We review for substantial evidence, Guo v. Ashcroft, 361 F.3d 1194, 1199 (9th Cir.2004), and we grant the petition for review, and remand.

Substantial evidence does not support the BIA’s adverse credibility determination because the perceived inconsistencies identified by the BIA regarding whether Li removed his clothing during detention, whether he was paid wages after June 2000, and whether he knew his port of arrival in the United States are minor and do not got to the heart of his claim. See id. at 1201 . Furthermore, Li’s omission in his asylum application of the incident of being doused with water in his cell, when his application and testimony included being beaten and imprisoned for three weeks, does not support the BIA’s determination that he was not credible. See Bandari v. INS, 227 F.3d 1160, 1167 (9th…