FILED
NOT FOR PUBLICATION SEP 22 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
FANG HUA, No. 07-74526
Petitioner, Agency No. A098-356-839
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Fang Hua, a native and citizen of China, petitions pro se for review of the
Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an
immigration judge’s decision denying her application for asylum, withholding of
removal, and protection under the Convention Against Torture. We have
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, Li v.
Holder, 559 F.3d 1096, 1102 (9th Cir. 2009), and we grant and remand the petition
for review.
Hua testified she feared persecution because she sheltered two North Korean
refugees in her home. The IJ found that Hua feared prosecution and not
persecution. The BIA, affirming the IJ, concluded Hua had not established a well-
founded fear of persecution on a protected ground. The agency, however, did not
have the benefit of our intervening decision in Li, 559 F.3d at 1099, in which the
court concluded substantial evidence did not support the BIA’s finding that the
petitioner was a mere criminal subject to prosecution when the petitioner violated
no Chinese law, but instead came to the aid of refugees in defiance of China's
unofficial policy of discouraging aid to refugees.
Accordingly, we remand to the BIA for further proceedings in light of this
disposition. See INS v. Ventura, 537 U.S. 12, 16-18 (2002) (per curiam).
PETITION FOR REVIEW GRANTED; REMANDED.
2 07-74526