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Wei Fang v. Mukasey
Citation: 311 F. App'x 74Docket: No. 05-73428
Court: Court of Appeals for the Ninth Circuit; January 28, 2009; Federal Appellate Court
Wei Fang, a citizen of the People's Republic of China, petitions for review of the Board of Immigration Appeals (BIA) decision that dismissed his appeal against the Immigration Judge's denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The Court lacks jurisdiction to review Fang's asylum application due to his failure to file within the one-year period, as he does not present any legal questions. However, the Court retains jurisdiction over the BIA's adverse credibility determination related to his claims for withholding of removal and CAT relief. The BIA's credibility determination was based on Fang's inability to recall the name of his church from childhood and the pastor of the church he attended for two years in Texas. The Court finds that these memory lapses do not significantly undermine the core of Fang's claims, indicating that the BIA's decision lacks substantial evidence. Additionally, the Court rejects the Government's argument that Fang needed to address every possible basis for the adverse credibility finding before the BIA to preserve the issue for appeal. The case is remanded to the BIA for further consideration of Fang's eligibility for withholding of removal and CAT relief. This disposition is not intended for publication and does not serve as precedent except as specified by 9th Cir. R. 36-3.