Shengli He v. Eric Holder, Jr.

MEMORANDUM

Shengli He, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an 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 for substantial evidence factual findings. Jiang v. Holder, 611 F.3d 1086, 1091 (9th Cir.2010). We grant the petition for review and remand.

He testified that his wife suffered a forced abortion in Fujian Province and that they fled to Hunan Province after she became pregnant again in 1994. He also testified that Fujian family planning officials fined them in 1993 for an early marriage and in 2000 for an unauthorized birth, they paid off only the 1993 fine, the officials sought them for sterilization, his wife has avoided the officials by remaining in Hunan, and he fled to the United States because he feared sterilization. Further, He submitted a 2007 notice from his village committee directing him and his wife to submit to sterilization and “pay off the social compensation fee.”

We do not reach the issue of whether He established “other resistance” as the BIA assumed his…