Lin

*9 MEMORANDUM *

Pingdi Lin, a native of the Peoples Republic of China, petitions for review of the Board of Immigration Appeals’ ruling denying his applications for asylum and withholding of removal. Since the BIA erred in ruling that Lin was not “unwilling or unable” to return to China because of a well founded fear of persecution, we grant the petition.

To qualify for asylum, Lin was required to establish that he was a “refugee” by proof that he was “unable or unwilling to return to ... [China] because of persecution or a wellfounded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinionf.]” 8 U.S.C. § 1101 (a)(42)(A) (emphasis added).

Lin’s claim of persecution based on his participation in pro-democracy demonstrations, and his stated fear of future persecution if returned to China, were deemed credible. Despite this, the BIA ruled that Lin did not meet the refugee definition because he testified that he hoped to return to China to see his fiancée and family after gaining refugee status. This was error. The BIA misinterpreted Lin’s statement as an unequivocal indication of his intent to return to China,…