Guan

MEMORANDUM **

Xian Qiang Guan, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal from an Immigration Judge’s (“U”) denial of his application for asylum. We have jurisdiction under 8 U.S.C. § 1252 . We review adverse credibility determinations for substantial evidence, Malhi v. INS, 336 F.3d 989, 992 (9th Cir.2003), and review claims of due process violations de novo, Sanchez-Cruz v. INS, 255 F.3d 775, 779 (9th Cir.2001). We grant the petition for review and remand.

The IJ’s adverse credibility finding is not supported by substantial evidence. Guan testified consistently with the medical report documenting the frequency of his wife’s fertility examinations. See Zi Lin Chen v. Ashcroft, 362 F.3d 611, 618 (9th Cir.2004) (no basis for adverse credibility finding where petitioner testified consistently and gave logical explanation for perceived discrepancy). He also reasonably explained that his wife was able to venture out of her mother’s house on a few occasions while she was in hiding without being detected. See id. Moreover, the IJ’s remaining findings are based on improper speculation, and thus cannot…