Zhang

Jianli Zhang v. Holder

Good Law
376 F. App'x 720
United States Court of Appeals for the Ninth CircuitApril 19, 201007-70917California332 words

Opinion

Opinion

MEMORANDUM

Jianli Zhang, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ 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, INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we grant in part and deny in part the petition for review.

Zhang suffered three detentions where he was beaten, physical harm requiring medical treatment, a prohibition on practice of his religion, including bible study and church activities, and ongoing harassment by the police. Substantial evidence does not support the agency’s determination that Zhang failed to establish past persecution because the record compels a finding of persecution. See Guo v. Ashcroft, 361 F.3d 1194, 1203 (9th Cir.2004). (“totality of circumstances” compelled finding of persecution where Chinese Christian arrested, detained twice, physically abused, and forced to renounce religion). Zhang is therefore entitled to a presumption both…

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