WANG v. BARR (2020)

MEMORANDUM **

Junsong Wang, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge's decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency's factual findings. Guo v. Sessions, 897 F.3d 1208, 1212 (9th Cir. 2018). We grant in part and deny in part the petition for review, and we remand.

As to asylum and withholding of removal, the record compels the conclusion that the cumulative harm Wang suffered in China rose to the level of persecution. See id. at 1213-17 (finding petitioner suffered harm rising to the level of persecution where he was detained, beaten, forced to sign a document promising not to attend a home church, and required to report to the police weekly); see also Guo v. Ashcroft, 361 F.3d 1194, 1203 (9th Cir. 2004) (totality of the circumstances compelled finding of persecution). Thus, we grant the petition for review as to Wang's asylum and withholding of removal claims, and remand to the agency for further proceedings consistent with this disposition. See Guo, 897 F.3d at 1217; see also INS v. Ventura, 537 U.S. 12, 16-18, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002) (per curiam).

Substantial evidence supports the agency's denial of CAT relief because the record does not compel the conclusion that it is more likely than not Wang would be tortured if returned to China. See Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009); see also Guo, 897 F.3d at 1217 (insufficient likelihood of torture).

Wang's removal is stayed pending a decision by the BIA.

The government must bear the costs for this petition for review.

PETITION FOR REVIEW GRANTED in part; DENIED in part; REMANDED.