Youqin He v. Eric Holder, Jr.

MEMORANDUM

Youqin He, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, including adverse credibility findings. Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001). Contrary to the government’s argument, our review is limited to the adverse credibility findings identified by the BIA. See Tekle v. Mukasey, 533 F.3d 1044, 1051 (9th Cir.2008) (reviewing only findings explicitly identified by the BIA and examining reasons articulated by IJ in support of those findings). We grant in part and dismiss in part the petition for review, and we remand.

Substantial evidence does not support the agency’s adverse credibility findings based on the omission of details from He’s declaration. See Bandari v. INS, 227 F.3d 1160, 1166-67 (9th Cir.2000) (IJ improperly based adverse credibility finding on speculation about which details of beating…