Jing Lian Zheng v. Ashcroft

MEMORANDUM *

Jin Lian Zheng (Zheng), a native and citizen of the People’s Republic of China (China), petitions for review of the order of the Board of Immigration Appeals (BIA) affirming the Immigration Judge’s (IJ) denial of Zheng’s application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We grant the petition in part, and remand the case for consideration of Zheng’s claim of a well-founded fear of future persecution based on the Chinese government forbidding her from having even one child.

We review the BIA’s determination that petitioner has failed to establish her eligibility for asylum under the substantial evidence standard and can reverse only if the evidence compels that result. INS v. Elias-Zacarias, 502 U.S. 478 , 481 & n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Legal issues are reviewed de novo. However, deference is given to the BIA’s interpretation of immigration law. Melkonian v. Ashcroft, 320 F.3d 1061, 1065 (9th Cir.2003).

As the parties are familiar with the facts, we do not recite them in detail except as necessary. Zheng seeks asylum based on both past persecution in the form of economic hardship that she and her…