Rui Xing Tan v. Gonzales

MEMORANDUM *

Rui Xing Tan, a native and citizen of the People’s Republic of China, petitions for review of the Board of Immigration Appeals’ (“BIA’s”) order affirming the Immigration Judge’s (“IJ’s”) oral ruling that he is ineligible for asylum or withholding of removal under 8 U.S.C. § 1231 (b)(3)(A). 1 Mr. Tan requested asylum and withholding of removal on the basis that, when he was growing up in China, the Chinese government persecuted him and his family because it considered them opponents of the Chinese Cultural Revolution and labeled them members of the “Dark Five Categories.” Mr. Tan now argues that substantial evidence did not support the IJ’s conclusion that his testimony was incredible insofar as it pertained to two incidents of mistreatment he allegedly suffered in China in 1978 and 1989. He also argues that substantial evidence failed to support the IJ’s and BIA’s determination that he is ineligible for asylum or withholding of removal.

We agree that substantial evidence did not support the IJ’s adverse credibility determination. We therefore grant Mr. Tan’s petition for review as to his asylum claim and remand that claim for further proceedings so that the BIA can…