Lin

*720 MEMORANDUM *

Weizi Lin, a citizen of the People’s Republic of China, entered the United States through Guam and requested asylum and withholding of removal because of persecution by the Chinese government for noncompliance with its one-child policy. The IJ denied Lin’s requested relief, finding that Lin and his wife consented to his wife’s tubal ligation. The BIA affirmed without opinion. Lin now appeals the finding that his wife was voluntarily sterilized. We have jurisdiction to review Lin’s petition pursuant to 8 U.S.C. § 1252 , and we grant the petition.

The IJ expressly found Lin credible and that Lin’s wife had been sterilized, but found that both had agreed the wife would undergo the surgery. This latter finding is not supported by substantial evidence. See Njuguna v. Ashcroft, 374 F.3d 765, 769 (9th Cir.2004).

The administrative record compels the contrary finding that Lin’s wife did not voluntarily undergo the tubal ligation. Lin’s wife went to the hospital after years of fines for violating China’s family planning policy by having four children (three more than allowed), loss of their home, and running away after the birth of their second child and again after…