Xidong Yao v. Mukasey

MEMORANDUM *

Xidong Yao (“Yao”), a citizen of the People’s Republic of China, petitions for review of a summary order of the Board of Immigration Appeals (“BIA”) upholding an Immigration Judge’s (“IJ”) decision which, after finding Yao credible, denied his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Because the parties are familiar with the facts and procedural history we do not include them here, except as necessary to explain our disposition.

We have jurisdiction under 8 U.S.C. § 1252 (a)(1). Reviewing for substantial evidence, Zhou v. Gonzales, 437 F.3d 860, 864 (9th Cir.2006), we hold that Yao is entitled to withholding of removal and remand to the BIA for the grant of that petition. 1 We deny the petition for review with regard to Yao’s claim for CAT relief.

Withholding of Removal

To be eligible for withholding of removal under 8 U.S.C. § 1231 (b)(3)(A), Yao had to “show that his life or freedom would be threatened in China on account of his race, religion, nationality, membership in a particular social group, or political opinion.” Zhang v. Ashcroft, 388 F.3d 713, 718 (9th Cir.2004) (internal quotation marks…