Jun Ren Li v. Mukasey

MEMORANDUM **

Jun Ren Li, a native and citizen of China, petitions for review of the Board of *689 Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“U”) decision denying his application for withholding of removal and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence. See Krotova v. Gonzales, 416 F.3d 1080, 1084 (9th Cir.2005). We grant the petition and remand.

Substantial evidence does not support the IJ’s adverse credibility determination. See Gui v. INS, 280 F.3d 1217, 1228 (9th Cir.2002). Li’s failure to mention his wife’s forced abortion in his second asylum application is not a material omission or evidence of falsity, because Li’s asylum application focuses on a different aspect of Li’s experience in China. See Chanchavac v. INS, 207 F.3d 584, 588 (9th Cir.2000). Li produced certain corroborating documents, and his failure to produce additional hospital records does not support an adverse credibility finding. See Gui, 280 F.3d at 1227 . Li described the founder and location of his church in China, and his failure to additionally name the sect is…