Hongke Zhang v. John Ashcroft, Attorney General

Hongke Zhang, a native and citizen of the People’s Republic of China, seeks review of the decision of the Board of Immigration Appeals (“BIA”) summarily affirming the immigration judge’s (“IJ”) denial of withholding of removal and protection under Article 3 of the United Nations Convention Against Torture (“Convention Against Torture” or “Convention”). We have jurisdiction under 8 U.S.C. § 1252 (a)(1). Because the BIA affirmed the IJ’s decision without opinion, we review the IJ’s decision as the final agency determination. Khup v. Ashcroft, 376 F.3d 898, 902 (9th Cir.2004).

Zhang contends that the evidence compels a finding that it is more likely than not that he will be persecuted if returned to China based on his practice of Falun Gong. We agree, and grant the petition for review.

I. BACKGROUND

Zhang was born in 1962 in Tianjin, China, and worked as a business manager for a government company after graduating from college in 1988. Zhang and his wife married in 1985, and they had a daughter in 1986. Zhang’s wife was forced to undergo an abortion in 1988 under China’s one-child policy. Zhang testified that his wife’s abortion was not related to his decision to leave China in…