Liuguo Lu v. Gonzales

MEMORANDUM *

Liuguo Lu petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance of the immigration judge’s (“IJ”) denial of his application for withholding of removal. We grant the petition, and remand to the agency for further proceedings.

Because the parties are familiar with the factual and procedural histories of this case, we will not recount them here. Where the BIA incorporates the IJ’s decision as its own, we review the IJ’s decision. Gonzalez v. INS, 82 F.3d 903, 907 (9th Cir.1996). We review findings made by the BIA for substantial evidence, and uphold them unless the evidence compels a contrary result. Azanor v. Ashcroft, 364 F.3d 1013, 1018 (9th Cir.2004). Where, as here, the IJ finds the alien to be credible, we accept the alien’s testimony as true. Vukmirovic v. Ashcroft, 362 F.3d 1247, 1251 (9th Cir.2004).

The Attorney General must grant withholding of removal where an alien shows that “it is more probable than not that he will face persecution on account of a protected ground” upon removal. Njuguna v. Ashcroft, 374 F.3d 765, 772 (9th Cir.2004); 8 U.S.C. § 1231 (b)(3). If the alien establishes that he has suffered past persecution in the…