Wanhe Cai v. Eric Holder, Jr.

MEMORANDUM

Wanhe Cai, native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings. Perez-Ramirez v. Holder, 648 F.3d 953, 956 (9th Cir.2011). We grant in part and deny in part the petition for review, and remand.

Cai contends that his whistle blowing activities resulted in his persecution. With respect to Cai’s first arrest and mistreatment, substantial evidence supports the BIA’s finding that Cai failed to establish a nexus to a protected ground. See Dinu, v. Ashcroft, 372 F.3d 1041, 1043-44 (9th Cir. 2004) (legitimate prosecutorial purpose existed for police’s “heavy-handed” investigation). However, in determining Cai’s mistreatment was the result of a personal and economic dispute over property, the BIA did not address the second arrest and detention, in which police beat Cai for reporting their earlier mistreatment. See Antonyan v. Holder, 642 F.3d 1250,…