Opinion
No. 13-72834
01-26-2016
LI WAN, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A089-978-325 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Li Wan, a native and citizen of China, petitions for review of the Board of Immigration Appeals' order dismissing his appeal from an immigration judge's decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency's factual findings, Ren v. Holder, 648 F.3d 1079, 1083 (9th Cir. 2011), and we grant the petition for review.
The agency found Wan failed to present sufficient corroborating evidence to meet his burden of proof to demonstrate eligibility for relief. Substantial evidence does not support the agency's finding. See Zhi v. Holder, 751 F.3d 1088, 1095 (9th Cir. 2014) (holding that the immigration judge erred in not providing the petitioner notice that he was required to present the corroborative evidence referred to in her decision or the opportunity to explain why it might be unavailable). Thus, we grant the petition for review and remand Wan's claims to the agency for further proceedings consistent with this disposition. See INS v. Ventura, 537 U.S. 12, 16-18 (2002) (per curiam).
PETITION FOR REVIEW GRANTED; REMANDED.