Zi Yi Qiao v. Mukasey

*24 MEMORANDUM ***

Zi Yi Qiao, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from the immigration judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 . Reviewing for substantial evidence, see Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002), we grant the petition for review.

The IJ denied relief on the basis of an adverse credibility determination, finding Qiao to be non-responsive. An adverse credibility determination based on non-responsiveness must be supported by the identification of “particular instances in the record where the petitioner refused to answer questions asked of him.” See Singh v. Ashcroft, 301 F.3d 1109, 1114 (9th Cir. 2002). The IJ did identify some specific instances of non-responsiveness, however, these were not supported by the record and therefore cannot provide the basis for an adverse credibility determination. See Bandari v. INS, 227 F.3d 1160, 1165 (9th Cir.2000). The IJ also expressed skepticism about the sincerity of Qiao’s religious beliefs, but the reasons…