Zhuang

Zhuang v. Gonzales

Good Law
143 F. App'x 864
United States Court of Appeals for the Ninth CircuitSeptember 19, 2005No. 04-73820California313 words

Opinion

Lead Opinion

MEMORANDUM **

Quin Wan Zhuang, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance of an Immigration Judge’s denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, see Rostomian v. INS, 210 F.3d 1088, 1089 (9th Cir.2000), and we grant the petition.

Substantial evidence does not support the BIA’s finding that the abuse petitioner suffered did not constitute past persecution on account of religion. Because petitioner was arrested, detained for fifteen days, and beaten twice for holding a Christian religious service in his home, and this conduct rises to the level of persecution, substantial evidence does not support the BIA’s denial of asylum. See Guo v. Ashcroft, 361 F.3d 1194, 1203 (9th Cir.2004) (finding past persecution where alien, a Christian from China, was detained for fifteen days and beaten twice).

Accordingly, we conclude that petitioner established past persecution, giving rise to a rebuttable presumption of a well-founded fear of persecution. See Tawadrus v. Ashcroft,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.