Xiufang Tang v. Eric Holder, Jr.

Good Law
483 F. App'x 348
United States Court of Appeals for the Ninth CircuitSeptember 17, 201210-71286California336 words

Opinion

Opinion

MEMORANDUM

Xiufang Tang, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her 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. Guo v. Ashcroft, 361 F.3d 1194, 1203 (9th Cir.2004). We deny in part and grant in part the petition for review, and we remand.

Substantial evidence supports the BIA’s denial of CAT relief. See Zheng v. Holder, 644 F.3d 829, 835 (9th Cir.2011) (“To receive relief under CAT, Petitioner has the burden of showing that he is more likely than not to be tortured in the country of removal.”) (internal quotation and citation omitted).

Tang testified to several harms she suffered on account of her participation in a house church, including an arrest, a ten day detention, interrogations, beating, loss of employment, a signed guarantee she would not participate in any church organization meeting, and a requirement to report to the police on a weekly basis. Substantial…

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