Wen Jien He v. Ashcroft

MEMORANDUM **

In this appeal, we are called upon to determine whether the Board of Immigration Appeals (Board) erred in determining that Petitioner Wen Jien He failed to establish eligibility for asylum. The Board had jurisdiction under 8 C.F.R. §§ 3.1 (b)(3) and 240.53(a), and we have jurisdiction over this timely-filed petition pursuant to 8 U.S.C. § 1252 (b)(1999). We grant the petition.

Petitioner asserts that his testimony, properly credited, established that his wife was forced to be sterilized; that an alien whose spouse was forced to undergo a sterilization procedure can establish eligibility for asylum based on past persecution on account of political opinion; and that he has therefore established his eligibility for asylum. When “an alien’s testimony [is] unrefuted and credible, direct and specific, [it] is sufficient to establish the facts testified [to] without the need for any corroboration.” Ladha v. INS, 215 F.3d 889, 901 (9th Cir.2000) (as amended).

In this case, the Board rejected the rationale supporting the Immigration Judge’s (IJ) adverse credibility determination, but the Board then found that petitioner’s claim “is not so specific, detailed or even…