Xuan Wang v. John Ashcroft, Attorney General

Xuan Wang (‘Wang”) appeals the Bureau of Immigration Appeal’s (“BIA”) decision to affirm the Immigration Judge’s (“IJ”) adverse credibility determination. The IJ found Wang removable from the United States because she was employed without authorization while present as the spouse of a nonimmigrant student. Wang applied for asylum and withholding of removal because she was subject to two forced abortions pursuant to China’s strict one-child policy and will be subject to sterilization procedures if she returns to China. She provided testimony and documentary evidence that she had two forced abortions. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We conclude that (1) the BIA erred in denying Wang’s application for asylum because the adverse credibility determination is not supported by substantial evidence and (2) the Immigration and Naturalization Service (“INS”) failed to rebut the presumption of future persecution. Accordingly, we grant the petition for review and find that Wang is eligible for asylum and entitled to withholding of removal.

I. BACKGROUND

Wang, a native and citizen of China, entered the United States on October 13, 1996 as a nonimmigrant visitor.…