NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT JAN 24 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
YUEYU CUI, No. 12-72414
Petitioner, Agency No. A088-112-408
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 21, 2014**
Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges.
Yueyu Cui, 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
*
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). Thus, we deny Chen’s
request for oral argument.
removal, and protection 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. Ahmed v. Keisler, 504 F.3d 1183, 1191 (9th Cir. 2007).
We deny in part and grant in part the petition for review, and we remand.
Substantial evidence supports the agency’s denial of CAT relief because Cui
failed to establish it is more likely than not that she would be tortured by or with
the consent or acquiescence of the government if returned to China. See Silaya v.
Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008).
However, substantial evidence does not supports the agency’s finding that
Cui does not hold a political opinion opposing China’s policy regarding illegal
aliens from North Korea. See id. at 1192-93; see also Sangha v. INS, 103 F.3d
1482, 1488 (9th Cir. 1997) (an applicant’s testimony can establish her political
beliefs). Accordingly, we grant the petition for review with respect to Cui’s
asylum and withholding of removal claims and we remand for further proceedings
consistent with this disposition. See INS v. Ventura, 537 U.S. 12, 16-18 (2002)
(per curiam).
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Each party shall bear its own costs for this petition for review.
PETITION FOR REVIEW DENIED in part; GRANTED in part;
REMANDED.
SILVERMAN, Circuit Judge, dissenting.
I respectfully dissent. I would deny the petition for review as to all of Cui’s
claims.
3 12-72414