Li Wan v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
LI WAN,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 13-72834
Agency No. A089-978-325
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 20, 2016**
Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.
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. §
FILED
JAN 26 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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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.
13-72834 2

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