Guo Wei Xu v. Immigration & Naturalization Service

MEMORANDUM **

Petitioners Guo Wei Xu and Xiao Shen Li applied for asylum and withholding of deportation because of persecution on account of their political opinion. 1 After a hearing, an immigration judge (IJ) found Xu and Li to be excludable, found them ineligible for asylum, and denied their petitions. Xu and Li appealed to the Board of Immigration Appeals (BIA) and filed a motion to remand and reopen their case for consideration under the Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment. The BIA denied Petitioners’ motion to remand and dismissed their appeal. Xu and Li petitioned for review.

Since the BIA conducted a de novo review of the record, we review the BIA’s decision rather than the IJ’s, except to the extent that the BIA adopted the IJ’s decision. Molina-Morales v. INS, 237 F.3d 1048, 1050 (9th Cir.2001). We review for substantial evidence the IJ’s factual determination that Petitioners failed to demonstrate eligibility for asylum. Id. When reviewing for substantial evidence, we must uphold the IJ’s findings unless the evidence compels a contrary finding. INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812…