Case Explained: QIANWU LI V. TODD BLANCHE

Court: United States Court of Appeals for the Ninth Circuit Filed: 2026-08-11 The ninth-circuit granted Qianwu Li’s petition for review and remanded the case to the Board of Immigration Appeals (BIA) for further proceedings. While the court affirmed that substantial evidence supported the BIA’s adverse credibility determination based on Li’s prior falsehoods regarding his visa application and implausible testimony about seeking medical treatment, it held that the agency erred by failing to evaluate whether Li’s documentary evidence—specifically letters from churchgoers and his father—could independently establish a claim of past persecution without relying on Li’s credible testimony. The court applied the standard set forth in *Kalulu v. Bondi*, requiring the agency to assess independent evidence when a petitioner is found non-credible, noting that asylum and withholding of removal statutes do not mandate credible testimony if other evidence suffices. Additionally, the court vacated the immigration judge’s unexplained discretionary denial of asylum as an abuse of discretion, ordering the BIA to consider Li’s eligibility for both asylum and withholding of removal on remand. The court noted that Li’s claim for protection under the Convention Against Torture (CAT) was forfeited because he failed to contest the agency’s prior determination regarding that specific relief. Consequently, the case is returned to the BIA to determine if the documentary evidence independently proves past persecution and to exercise discretion on asylum eligibility, while the CAT denial remains in effect. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.