He

MEMORANDUM **

Zhihua He, a native and citizen of China, petitions for review of the Board of Immi *734 gration Appeals’ (“BIA”) order affirming an Immigration Judge’s (“IJ”) decision denying his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we grant in part and deny in part the petition for review.

Substantial evidence does not support the BIA’s conclusion that the harm He experienced prior to fleeing China did not rise to the level of past persecution. He testified that Chinese authorities arrested him for participating in Christian home church gatherings, physically attacked him during interrogation, instructed fellow detainees to physically attack him until he confessed, detained him for 16 days, and warned him of further harm for continuing his religious practice. Upon release, the government-sponsored college He attended expelled him for his religious activities. These experiences rise to the level of past persecution. See Guo v. Ashcroft, 361…