Chuanhua Yin v. Gonzales

MEMORANDUM **

Chuanhua Yin, a native and citizen of the People’s Republic of China, petitions *564 for review of the Board of Immigration Appeals’ (“BIA”) decision that affirmed the Immigration Judge’s (“IJ”) denial of her application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 .

When the BIA affirms an IJ decision without opinion, we review the decision of the IJ. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). We review for substantial evidence, see Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002), and we grant the petition for review and remand.

Yin claims the Chinese government persecuted her by subjecting her to a forced abortion, and by arresting and beating her for practicing Christianity.

With respect to the forced abortion claim, the IJ found that Yin was not credible. The IJ’s disbelief over Yin’s comparison of the severity of harms, as well as his findings about Yin and her husband’s employment are speculative. See Ge v. Ashcroft, 367 F.3d 1121, 1124-25 (9th Cir.2004) (IJ’s personal conjecture about what Chinese authorities would do in a given situation…