Wang
Wang v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM **
Yongzhi Wang, a native and citizen of the People’s Republic of China, petitions for review of the Bureau of Immigration Appeals’ (“BIA’s”) final order affirming the Immigration Judge’s (“IJ’s”) decision denying his applications for asylum, 1 withholding of deportation and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 (a)(1), and affirm.
‘When the BIA adopts an IJ’s findings and reasoning, we review the IJ’s opinion as if it were the opinion of the BIA.” Singhr-Kaur v. INS, 183 F.3d 1147, 1150 (9th Cir.1999). Because the IJ failed to make “an explicit adverse credibility finding, we must assume that Wang’s factual contentions are true.” See Kataria v. INS, 232 F.3d 1107, 1114 (9th Cir.2000). Thus, taking Wang’s testimony as true, we *822 review the IJ’s decision to deny asylum under the substantial evidence standard, and may reverse it only if the evidence presented is such that a reasonable factfinder would be compelled to conclude that the requisite fear of persecution exists. See INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992).
The IJ’s findings that neither a single…
Dissenting Opinion
Browning, J.
dissent.
BROWNING, Judge.
Even assuming Wang did not make out a case of past persecution, there is ample evidence that he has a well-founded fear of future persecution and is therefore eligible for asylum.
I
We review the IJ’s factual findings under the substantial evidence standard. See Edlund v. Massanari, 253 F.3d 1152, 1156 (9th Cir.2001). To qualify for asylum, an applicant must show that his or her fear of persecution is well-founded. A well-founded fear must be subjectively genuine and objectively reasonable. See Blanco-Comarribas v. INS, 830 F.2d 1039, 1042 (9th Cir.1987). An asylum applicant’s “candid, credible, and sincere testimony” demonstrating a genuine fear of persecution satisfies the subjective component of the well-founded fear standard. Id. The objective component requires “credible, direct and specific evidence in the record, of facts that would support a reasonable fear that the petitioner faces persecution.” Rodriguez-Rivera v. INS, 848 F.2d 998, 1002 (9th Cir.1988) (emphasis in original). “[E]ven a ten percent chance of persecution may establish a well-founded fear.” Al-Harbi v. INS, 242 F.3d 882, 888 (9th Cir .2001).