Xue

Xue v. Ashcroft

Good Law
106 F. App'x 606
United States Court of Appeals for the Ninth CircuitAugust 12, 2004No. 02-73721; Agency No. A76-861-837California399 words

Opinion

Lead Opinion

MEMORANDUM **

Min Xue, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ summary affirmance of an immigration judge’s (“IJ”) denial of his application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . Reviewing for substantial evidence, Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002), we grant the petition and remand.

Xue testified that he was persecuted by the Chinese Government for his sincere belief in Christianity. Xue was expelled from school at the age of fifteen because he “talked about the story of Jesus” and encouraged students to follow him to church. A notice written on school stationary corroborates Xue’s account, noting Xue’s expulsion because of his promotion of “religious ideas” among his fellow classmates. Xue also testified that, in addition to his parents’ numerous arrests on ac *607 count of their religious beliefs, he was arrested and beaten after he had attended church when he was seventeen or eighteen years old. The officials told his parents that he was being arrested because he was a Christian. Xue was only released after paying a fine. Despite his arrest, Xue remained enrolled…

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