Nai Yuan Jiang v. Holder
Opinion
Lead Opinion
Wardlaw, J.
ORDER
The opinion filed May 24, 2010, slip op. 7355, is hereby withdrawn and a superseding opinion is filed herewith. No petitions for panel rehearing or rehearing en banc shall be entertained. See 9th Cir. G.O. 5.3(a).
OPINION
Nai Yuan Jiang (“Jiang”), a native and citizen of the People’s Republic of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We must decide whether the BIA’s conclusion that Jiang has not demonstrated persecution for “other resistance to a coercive population control program” under the Immigration and Nationality Act (“INA”) § 101(a)(42), 8 U.S.C. § 1101 (a)(42), is supported by substantial evidence. Because the BIA expressly found Jiang credible, we consider whether the BIA correctly applied the law to the record before it, including Jiang’s credible testimony. Because we conclude that Jiang suffered persecution for demonstrating other resistance to China’s coercive population control policy, we grant the petition in part and remand to the BIA.