Zi Ying Qui v. Gonzales
Opinion
Lead Opinion
ORDER AND AMENDED MEMORANDUM **
ORDER
Petitioner Zi Ying Qui’s petition for panel rehearing is granted. The memorandum disposition filed August 31, 2004, 108 Fed.Appx. 517 , is withdrawn and replaced by the amended memorandum immediately following this order.
AMENDED MEMORANDUM
Zi Ying Qui, a 46-year-old native and citizen of the People’s Republic of China, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) denying her applications for asylum and withholding of removal. 1 At her merits hearing, she testified that she fears that the Chinese government will involuntarily sterilize her should she return to China because she violated the government’s “one child” policy. The Immigration Judge (“IJ”) and the BIA denied her applications on the ground that she was not a credible witness. Qui argues that the BIA’s adverse credibility determination was not supported by substantial evidence. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we grant the petition for review.
Where, as here, the BIA conducted a de novo review of the record and made an independent determination of whether relief is appropriate, we review the decision of the BIA, not of…