Wenhao Gu v. Eric Holder, Jr.

MEMORANDUM

Wenhao Gu, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We deny in part and grant in part the petition for review, and we remand.

In his proceedings before the IJ, Gu testified that, due to his participation in an underground Christian church, he lost his job in March 2006; the police arrested him on June 16, 2006, detained him for 15 days, physically mistreated him, and told him not to continue participating in underground church activities or he would face more severe punishment; and the neighborhood watch visited him regularly after his release. Gu also testified that the neighborhood watch continued to inquire about his whereabouts after he came to the United States. Gu’s interview with an asylum officer took place on February 1, 2007. At the conclusion of the merits…