Junshe Li v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Junshe Li, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“U”) order denying his application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, Baballah v. Ashcroft, 367 F.3d 1067,1073 (9th Cir.2003), and we grant the petition for review and remand.
The IJ found that Li’s testimony was not credible. On appeal, the BIA assumed Li’s testimony to be true and denied relief solely on the merits. Li testified that police detained him for 7 days and repeatedly kicked and beat him for practicing Zhong Gong. We find that the evidence compels the conclusion that he was persecuted. See Chand v. INS, 222 F.3d 1066, 1073 (9th Cir.2000) (“Physical harm has consistently been treated as persecution.”). As a result, Li is entitled to a presumption of a well-founded fear of future persecution. See Baballah, 367 F.3d at 1078-79 (a finding of past persecution gives rise to a presumption of a well-founded fear of future persecution and a presumption of eligibility for withholding of removal).