Yunxia Sun v. Gonzales

MEMORANDUM **

Yunxia Sun, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision that affirmed the Immigration Judge’s (“IJ”) denial of her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, Gu i v. INS, 280 F.3d 1217, 1225 (9th Cir.2002), and we grant the petition and remand.

The IJ found Sun not credible because her testimony was inconsistent regarding who introduced her to the religion of Christianity and regarding the amount of time it took her to travel to Beijing. Because minor inconsistencies are insufficient to support an adverse credibility finding, these findings are not supported by substantial evidence. See Mendoza Manimbao v. Ashcroft, 329 F.3d 655, 660 (9th Cir.2003).

In addition, the IJ found Sun not credible because her testimony was unresponsive regarding how she knew the Bibles were confiscated during her arrest and inconsistent regarding where the Bibles were during her home church gathering. Because the petitioner answered the questions asked of her, see Garrovillas v.…