Hongmo Nie v. Eric Holder, Jr.

MEMORANDUM

Hongmo Nie, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ decision affirming the immigration judge’s denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction pursuant to 8 U.S.C. § 1252 (a). We GRANT IN PART AND DENY IN PART the petition and REMAND to the BIA for further proceedings consistent with this decision.

Substantial evidence supports the BIA’s determination that Nie was not a whistle-blower, as Nie did not show that the managers of his former employer were “corrupt government officials.” See Grava v. I.N.S., 205 F.3d 1177, 1181 (9th Cir.2000). The BIA erred, however, by not considering Nie’s related argument that he was arrested, beaten, forced to sign the “confession letter,” and required to report to the police each week after his release on account of his political opinion; that is, either his pro-labor stance or the imputed political opinion that he is “anti-government” and “anti-communist.”

In Hu v. Holder, 652 F.3d 1011, 1017-18 (9th Cir.2011), the Ninth Circuit recognized that both a pro-labor stance and the imputed belief that one is…