Ling Zhou v. Alberto R. Gonzales, Attorney General

Ling Zhou, a native and citizen of the People’s Republic of China, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) affirming an immigration judge’s (“IJ”) denial of her application for asylum, withholding of removal, and protection under Article 3 of the United Nations Convention Against Torture (“CAT”).

Zhou brought newspaper articles pertaining to the Falun Gong into China when she returned from a trip to Singapore. Zhou is not a member of the Falun Gong; she brought the articles to a friend in China who was a Falun Gong member. Shortly thereafter, Zhou came to the United States and, after learning that the police in China had arrested her friend and were looking for her, sought asylum, withholding of removal, and CAT protection. She contends she has a genuine, objective fear that if she is returned to China, she will be persecuted by the government on account of an imputed anti-governmental political opinion involving the Falun Gong.

We have jurisdiction pursuant to 8 U.S.C. § 1252 (a), and grant Zhou’s petition for review. The record establishes that she is entitled to withholding of removal, and we grant that claim. We also conclude that she…