Juan Xu v. ERIC H. HOLDER Jr., Attorney General

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).
JT/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JUAN XU,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-71722
Agency No. A095-881-094
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 16, 2010**
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Juan Xu, a native and citizen of China, petitions for review of the Board of
Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration
judge’s decision denying her application for asylum, withholding of removal, and
FILED
FEB 25 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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JT/Research 07-71722 2
relief under the Convention Against Torture. We have jurisdiction under 8 U.S.C.
§ 1252. We review for substantial evidence, Singh v. Ashcroft, 362 F.3d 1164,
1168 (9th Cir. 2004), and we grant the petition for review, and remand.
Substantial evidence does not support the agency’s adverse credibility
determination because the date discrepancies identified by the agency are minor
and do not go to the heart of Xu’s claim. See Bandari v. INS, 227 F.3d 1160, 1166
(9th Cir. 2000). Moreover, the agency erroneously relied on the asylum officer’s
interview notes, which were not sufficiently reliable to impeach Xu’s testimony.
See Singh v. Gonzales, 403 F.3d 1081, 1089-90 (9th Cir. 2005). Finally, because
none of the agency’s adverse credibility findings are supported, Xu was not
required to provide corroboration. See Kaur v. Ashcroft, 379 F.3d 876, 890 (9th
Cir. 2004).
Accordingly, we grant the petition for review, and remand Xu’s claims to
the BIA on an open record. See Soto-Olarte v. Holder, 555 F.3d 1089, 1093-96
(9th Cir. 2009); see also INS v. Ventura, 537 U.S. 12, 16 (2002) (per curiam).
PETITION FOR REVIEW GRANTED; REMANDED.

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