Xiao Yu Xie v. Holder

MEMORANDUM *

Xiao Yu Xie, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review only the asylum determination 1 for substantial evidence, Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004), treating Xie’s testimony as credible, Kalu-bi v. Ashcroft, 364 F.3d 1134, 1138-39 (9th Cir.2004). We grant the petition for review.

The BIA concluded that Xie did not establish a well-founded fear of persecution because the government had demonstrated that it was reasonable for him to relocate within China. Substantial evidence does not support the BIA’s conclusion. Xie left Fujian Province with his mother and father, who sought to escape the government’s enforcement of population control policies. They took up residence in the distant province of Sichuan. Learning of Xie’s early marriage and his own growing family, Fujian officials traveled to Sichuan to look for Xie and his wife, forcing them to move to avoid detection and causing Xie to flee China shortly…