Lei Liu v. Eric Holder, Jr.

MEMORANDUM

Lei Liu, 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, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence findings of fact and de novo questions of law. Jiang v. Holder, 611 F.3d 1086, 1091 (9th Cir.2010). We deny in part and grant in part the petition for review, and we remand.

Substantial evidence supports the denial of Liu’s CAT claim, because he has not shown it is more likely than not he will be tortured by or with the consent or acquiescence of the government of China if he is returned. See Zheng v. Holder, 644 F.3d 829, 835 (9th Cir.2011).

The record compels the conclusion that the harms Liu suffered due to his resistance to China’s coercive population control policies rose to the level of persecution. See Jiang, 611 F.3d at 1095-97 (mistreatment including petitioner’s detention and partner’s forced abortion compelled finding that harm rose to the level of persecution). Thus, we grant the petition…