Yu

Jinrong Yu v. Holder

Good Law
404 F. App'x 221
United States Court of Appeals for the Ninth CircuitNovember 23, 201007-72285California518 words

Opinion

Opinion

MEMORANDUM

Jinrong Yu, a native and citizen of China, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an immigration judge’s decision denying his application for withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . When the BIA cites Matter of Burbano, 20 I. & N. Dec. 872 (BIA 1994), and does not express disagreement with any part of the immigration judge’s decision, the BIA adopts the immigration judge’s decision in its entirety and we review that decision. See, e.g., Joseph v. Holder, 600 F.3d 1235, 1239-40 (9th Cir.2010). We review factual findings for substantial evidence. See, e.g., Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We grant the petition for review and we remand.

Yu credibly testified that Chinese authorities arrested and detained him for five days because of his Falun Gong activities. During the detention, Yu received one meal each day, and his captors beat him with an electric baton, resulting in pain and injury that required medical attention. Yu also credibly testified that since his departure from China, police have…

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