Jian Guo v. John Ashcroft, Attorney General

Jian Guo petitions for review of the Board of Immigration Appeals’s (“BIA’s”) decision to deny his application for asylum and withholding of removal under 8 U.S.C. § 1281 (b)(3)(A), and Article 3 of the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, opened for signature Feb. 4, 1985, S. Treaty Doc. No. 100-20, at 20 (1988), 23 I.L.M. 1027, 1028 (1984) (“Convention Against Torture”). We grant the petition for review because we conclude that the Immigration Judge’s (“IJ’s”) credibility findings and his finding that Mr. Guo was not subjected to past persecution are not supported by substantial evidence. We remand to the agency for further proceedings to determine whether Mr. Guo has a well-founded fear of future persecution.

I

Mr. Guo was born on June 8, 1967 in Liaoning, China. He is a citizen of the People’s Republic of China. He entered the United States on a non-immigrant B-l visa for business purposes, which authorized him to remain in the United States temporarily until April 15, 2000.

On February 1, 2001, the Immigration and Naturalization Service (“INS”) issued a notice to appear to Mr. Guo alleging that he was…