FILED
NOT FOR PUBLICATION NOV 27 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ZHIGANG ZHANG, No. 11-72965
Petitioner, Agency No. A087-842-605
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 19, 2013**
Before: CANBY, TROTT, and THOMAS, Circuit Judges.
Zhigang Zhang, a native and citizen of China, petitions pro se 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 protection under the Convention Against Torture
*
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).
(“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial
evidence the agency’s factual findings, including whether an applicant has met his
burden of proof, Ren v. Holder, 648 F.3d 1079, 1083 (9th Cir. 2011), and we grant
the petition for review and we remand.
The BIA agreed with the IJ’s denial relief because Zhang did not present
evidence to corroborate his arrest, detention, or religious activities in China or the
United States. However, because the IJ did not have the benefit of our decision in
Ren v. Holder, 648 F.3d 1079, 1089-94 (9th Cir. 2011), regarding notice and
opportunity to provide corroborating evidence, we grant the petition for review and
remand 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.
2 11-72965