Zhao

Zhao v. Gonzales

Good Law
143 F. App'x 906
United States Court of Appeals for the Ninth CircuitSeptember 26, 2005No. 04-72332California275 words

Opinion

Lead Opinion

MEMORANDUM **

Lu De Zhao, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ decision adopting and affirming the immigration judge’s (“I J”) denial of her application for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We grant the petition and remand in part; we deny in part.

Substantial evidence does not support the Id’s decision because the IJ failed to address the individual and cumulative effects of the hardships suffered by Zhao, including economic deprivation and harm to her family, because of her parents’ violation of China’s one-child policy and resistance to sterilization. See Zhang v. Gonzales, 408 F.3d 1239, 1247-49 (9th Cir.2005). Accordingly, we grant the petition as to asylum and remand so that the IJ may make a new determination of Zhao’s eligibility for asylum. See id. at 1249 .

Substantial evidence does support the IJ’s denial of withholding of removal. De *907 spite the errors which undermine the IJ’s asylum determination, the record does not demonstrate that it is more likely than not that Zhao will be harmed if returned to China. See…

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