Zhilin Yang v. ERIC H. HOLDER, Jr., Attorney General

10-72865Court of Appeals for the Ninth CircuitOct 21, 2013

Full text

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ZHILIN YANG,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-72865
Agency No. A088-465-569
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 15, 2013**
Before: FISHER, GOULD, and BYBEE, Circuit Judges.
Zhilin Yang, a native and citizen of China, petitions for review of the Board
of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration
judge’s decision denying his application for asylum and withholding of removal.
We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence
FILED
OCT 21 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-72865 2
factual findings. Ren v. Holder, 648 F.3d 1079, 1083 (9th Cir. 2011). We grant
the petition for review and we remand.
Yang challenges the BIA’s conclusion that he failed to provide reasonably
available corroborating evidence. The parties agree that the BIA relied solely on
corroboration grounds in denying Yang’s application. When the BIA issued its
decision, it did not have the benefit of our intervening decision in Ren v. Holder.
Accordingly, we remand to the agency for further proceedings consistent with this
disposition. See INS v. Ventura, 537 U.S. 12, 16-18 (2002) (per curiam).
In light of our remand, we need not reach Yang’s due process contentions.
PETITION FOR REVIEW GRANTED; REMANDED.

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