FILED
NOT FOR PUBLICATION MAR 13 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JUNQING WU, No. 12-74080
Petitioner, Agency No. A087-692-880
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 10, 2014**
Before: PREGERSON, LEAVY, and MURGUIA, Circuit Judges.
Junqing Wu, a native and citizen of China, petitions for review of the Board
of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration
judge’s decision denying his application for asylum and withholding of removal.
*
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).
We have jurisdiction under 8 U.S.C. § 1252. We grant the petition for review and
we remand.
Wu testified Chinese police detained and mistreated him due to his Christian
house church activities. Wu testified police released him after telling him he was
not allowed to leave his home, and after he signed a pledge promising not to
participate in Christian activities in future. The BIA found Wu’s detention and
physical mistreatment did not rise to the level of past persecution. In reaching this
conclusion, the BIA did not assess Wu’s testimony that he could not work because
he had to stay at home, and had to transfer his ownership stake in his business, nor
did the BIA address the import of the limitations on Wu’s participation in his
religion. Thus, we remand Wu’s asylum and withholding of removal claims for
the agency to assess these issues in the first instance. See INS v. Ventura, 537 U.S.
12, 16-18 (2002) (per curiam); Korablina v. INS, 158 F.3d 1038, 1044 (9th Cir.
1998) (“The key question is whether, looking at the cumulative effect of all the
incidents a petitioner has suffered, the treatment [he] received rises to the level of
persecution.”).
PETITION FOR REVIEW GRANTED; REMANDED.
2 12-74080