Wenqin Xue v. Eric Holder, Jr.

MEMORANDUM

Wenqin Xue (“Xue”), a native and citizen of the People’s Republic of China, petitions for review of the decision by the Board of Immigration Appeals (“BIA”) affirming the Immigration Judge’s (“IJ”) denial of asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We deny in part, grant in part, and remand the petition.

Xue states that she was the victim of forced sterilization in 1993 at the hands of Chinese family planning officials and that she was arrested and beaten in 2004 because of her attendance at a local Christian meeting. Although the BIA reviewed the IJ’s decision for clear error, it did not adopt the IJ’s decision as its own. Instead, the BIA identified several specific grounds on which it affirmed the IJ’s adverse credibility determination as to each of Xue’s two claims. We review the reasons explicitly identified by the BIA, as well as the reasoning articulated in the IJ’s decision in support of those stated reasons; we do not, however, “review those parts of the IJ’s adverse credibility finding that the BIA did not identify as ‘most significant’ and did not otherwise mention.”…