Wang

Guo Lin Wang v. Holder

Good Law
423 F. App'x 682
United States Court of Appeals for the Ninth CircuitMarch 21, 201108-70822California304 words

Opinion

Opinion

MEMORANDUM

Guo Lin Wang, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from the immigration judge’s decision denying his application for asylum. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo questions of law and review for substantial evidence factual findings. Fakhry v. Mukasey, 524 F.3d 1057, 1062 (9th Cir.2008). We grant the petition for review, and we remand.

Wang contends that because of his participation in an underground church in China, he was arrested by government officials, detained for seven days, slapped, and suffered from an illness as a result of his incarceration. The record does not compel the conclusion that Wang suffered past persecution based on these experiences. See Gu v. Gonzales, 454 F.3d 1014, 1020-21 (9th Cir.2006); Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir.2003). However, substantial evidence does not support the agency’s relocation finding based on evidence suggesting that in some places it is easier to attend unregistered churches and that there are areas where perhaps authorities are more lenient. See 8 C.F.R. § 1208.13 (b)(3)(ii); Fakhry, 524 F.3d at 1065…

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