Xiao

MEMORANDUM **

Shun Xiao, a native and citizen of the People’s Republic of China, petitions for review of the decision of the Board of Immigration Appeals summarily affirming the immigration judge’s (“IJ”) denial of withholding of removal and protection under the Convention Against Torture (“CAT”). 1 We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Guo v. Ashcroft, 361 F.3d 1194, 1203 (9th Cir.2004), and grant the petition for review.

The evidence compels a finding that Xiao’s arrest, detention, and brutal mistreatment rises to the level of persecution. See id. The government arrested and mistreated Xiao because he organized and led a labor protest and campaigned against official corruption, which compels a finding that he was persecuted on account of his anti-government political opinion. See, e.g., Grava v. INS, 205 F.3d 1177, 1181 (9th Cir.2000) (“Refusal to accede to government corruption can constitute a political opinion for purposes of refugee status.”).

*634 Because Xiao has established past persecution on account of political opinion, the government bears the burden of proof by a preponderance of evidence that there has been a fundamental…