Wuzhen Xue v. Gonzales

MEMORANDUM **

Wuzhen Xue, a native and citizen of China, petitions for review of the Board of *529 Immigration Appeals’ (“BIA”) decision, summarily affirming the Immigration Judge’s (“IJ”) order denying her application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 .

Where, as here, the BIA affirms without an opinion, we review the IJ’s decision directly. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). We review for substantial evidence, Ge v. Ashcroft, 367 F.3d 1121, 1124 (9th Cir.2004), and we grant the petition for review and remand.

Substantial evidence does not support the IJ’s adverse credibility findings. The IJ’s finding that Xue’s testimony was non-responsive and vague is not supported by substantial evidence. See He v. Ashcroft, 328 F.3d 593, 598 (9th Cir.2003); see also Garrovillas v. INS, 156 F.3d 1010, 1014 (9th Cir.1998). Likewise, substantial evidence does not support the IJ’s adverse credibility finding based upon an inconsistency regarding the cause of Xue’s third pregnancy. See He, 328 F.3d at 598 .

Inconsistencies as to how Xue’s sister obtained medical records and how governmental authorities discovered…