Jia Dan Chen v. Mukasey

MEMORANDUM **

Jia Dan Chen and his wife, natives and citizens of China, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“U”) decision denying their applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 .

Where, as here, the BIA has conducted a de novo review, our review is limited to the BIA’s decision, except to the extent that the IJ’s opinion is expressly adopted. See Garrovillas v. INS, 156 F.3d 1010, 1013 (9th Cir.1998). We review the BIA’s credibility and factual findings for substantial evidence. Id. We grant in part and deny in part the petition for review, and remand for further proceedings consistent with this disposition.

With respect to Chen’s claim based on his participation in the 1989 pro-democracy movement, substantial evidence does not support the BIA’s adverse credibility finding determination. See id. at 1015 . The BIA’s finding regarding one perceived inconsistency as to the date on which Chen became involved in the 1989 pro-democracy movement is not supported because the BIA did not…