Jin Zhou v. Ashcroft

MEMORANDUM *

Jin Zhou, a native and citizen of China, petitions for review from a decision of the Board of Immigration Appeals (“BIA”) denying him relief from removal to China. Zhou applied for asylum, withholding of deportation, and protection under the Convention Against Torture (“CAT”). He claimed that he had been persecuted by the government when he attempted to prevent the police from arresting his pregnant aunt and subjecting her to a forced abortion. We have jurisdiction under 8 U.S.C. §§ 1252 (a)(1), (4); we grant the petition for review, and we remand for further proceedings. As the parties are familiar with the facts, we recite them only as necessary.

The Immigration Judge (“IJ”) originally granted Zhou’s application for asylum, and thus found it unnecessary to rule on his applications for withholding of removal and protection under CAT. The INS appealed the IJ’s grant of asylum, and the BIA reversed and remanded for further consideration of Zhou’s claims for withholding of deportation and for relief under CAT. On remand, the IJ denied Zhou’s remaining applications for withholding and CAT relief. Zhou appealed to the BIA, and the BIA affirmed. We review the BIA’s…