Zengtai Lin, a.k.a. Bao Hua Zhang 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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ZENGTAI LIN, a.k.a. Bao Hua Zhang,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-70012
Agency No. A096-066-433
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 12, 2013**
Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges,
Zengtai Lin, 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 (“IJ”) decision denying his application for asylum, withholding of removal,
and relief under the Convention Against Torture (“CAT”). We have jurisdiction
FILED
MAR 20 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-70012 2
under 8 U.S.C. § 1252. We review for substantial evidence factual findings, Farah
v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003), and de novo due process claims,
Hamazaspyan v. Holder, 590 F.3d 744, 747 (9th Cir. 2009). We grant the petition
for review, and we remand.
The agency relied on discrepancies between trial exhibit 11, a visa
application, and Lin’s testimony to find him not credible. However, in its decision,
the BIA failed to address Lin’s contention that the IJ improperly admitted the visa
application. Accordingly, we grant the petition for review, and we remand for the
BIA to address this argument in the first instance. See INS v. Ventura, 537 U.S. 12,
16 (2002) (per curiam); Sagaydak v. Gonzales, 405 F.3d 1035, 1040 (9th Cir.
2005).
PETITION FOR REVIEW GRANTED; REMANDED.

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