Xue Yun Zhang v. Alberto Gonzales, United States Attorney General

Xue Yun Zhang, a Chinese citizen, arrived in the United State’s seeking asylum, withholding of removal, and protection under the Convention Against Torture. The Immigration Judge (“IJ”) denied relief, and the- Board of Immigration Appeals (“BIA”) dismissed the appeal. Ms. Zhang’s petition - for review presents a question of first impression in this court: is a child of a parent who was forcibly sterilized automatically eligible for asylum under 8 U.S.C. § 1101 (a)(42)(B)? We hold that she is not.

To be eligible for asylum or withholding of removal, Ms. Zhang must demonstrate that she suffered past persecution or has a well-founded fear of future persecution on account of a protected ground. The BIA determined that Ms. Zhang did not suffer persecution and that she does not have a well-founded fear of future persecution upon returning to China. We hold that the BIA’s determination is not supported by substantial evidence. We therefore grant her petition for review and remand for further proceedings consistent with this opinion.

I. Background

Xue Yun Zhang was fourteen years old in April 2000 when she left China for the United States. Because neither the IJ nor the BIA made a…