Dejiang Liu v. Eric H. Holder Jr.

MEMORANDUM

Dejiang Liu petitions for review of the decision by the Board of Immigration Appeals (BIA) denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The BIA affirmed the immigration judge’s (IJ) denial of relief based upon Liu’s lack of corroborating evidence and his return trips to China. We have jurisdiction pursuant to 8 U.S.C. § 1252 (a)(1), and we grant and remand the petition in part and dismiss the petition in part.

1.Assuming Liu credible, the BIA dismissed Liu’s appeal because of his failure to corroborate his claim. Since the BIA’s decision, this court has held that, just as a failure to provide petitioners notice of a perceived inconsistency and opportunity to explain precludes a “full and fair hearing,” the failure to provide petitioners time to obtain corroborative evidence or allow for an explanation of why they cannot obtain it also would preclude a “full and fair hearing.” Ren v. Holder, 648 F.3d 1079 , 1092 & n. 14 (9th Cir.2011). Because Liu was not provided an opportunity to obtain the required corroborating evidence and his explanation for his failure to obtain the evidence was not addressed…