Gao
Gao v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM ***
Petitioner Juan Nong Gao, a native of the Republic of China, petitions for review of two decisions of the Board of Immigration Appeals (BIA): (1) the decision affirming the Immigration Judge’s denial of her application for asylum, withholding of deportation and protection under the Convention Against Torture, and (2) the denial of her motion to reopen and/or to reconsider. Because Gao’s removal proceedings commenced after April 1, 1997, we have jurisdiction pursuant to INA section 242(a)(1), 8 U.S.C. § 1252 (a)(1). See Illegal Immigration Reform and Immigration Responsibility Act of 1996, Pub. L. 104-208, Div. C, 110 Stat. 3009 -546, § 309(a) (Sept. 30,1996).
As pointed out by government counsel, this case must be remanded to the BIA for two reasons: First, having failed to find any inconsistency relating to Gao’s claim that she was forced to abort her first pregnancy, the BIA did not consider whether Gao had suffered past persecution. Section 101(a)(4) of the INA states that “a person who has been forced to abort a pregnancy or to undergo involuntary sterilization, ..., shall be deemed to have been persecuted on account of political opinion.”