Guo Quing Guo v. Ashcroft

MEMORANDUM **

*811 Guo Quing Guo, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming an immigration judge’s (“IJ”) denial of his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review the BIA’s factual findings under the substantial evidence standard. See Melkonian v. Ashcroft, 320 F.3d 1061, 1065 (9th Cir. 2003). We review de novo the exclusion of evidence on legal grounds. See Khan v. INS, 237 F.3d 1143, 1144 (9th Cir.2001) (per curiam). We grant in part and deny in part the petition for review.

Guo contends he is eligible for asylum because he was persecuted on account of his political opinion when his wife underwent a forced abortion and he underwent a forced vasectomy due to China’s family planning policies. See 8 U.S.C. §§ 1101 (a)(42). The BIA affirmed the IJ’s conclusion that Guo did not provide enough evidence to sustain his burden of proof to establish eligibility for asylum. The BIA did not make an adverse credibility finding. See Navas v. INS, 217 F.3d 646, 652, n. 3 (9th Cir.2000) (applicant’s factual contentions presumed true where BIA does not make…