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Tai Cheng Chen v. Gonzales
Citation: 204 F. App'x 702Docket: No. 05-74376
Court: Court of Appeals for the Ninth Circuit; December 7, 2006; Federal Appellate Court
Tai Cheng Chen, a Chinese national, petitions for review of the Board of Immigration Appeals (BIA) decision, which upheld the Immigration Judge’s (IJ) denial of his asylum and withholding of removal applications. Jurisdiction is established under 8 U.S.C. § 1252, with a review standard based on substantial evidence. The petition is granted in part and denied in part, with a remand for further proceedings. The IJ found Chen's testimony to lack credibility, but the BIA did not address this credibility issue and denied relief based solely on the merits. Chen claimed that he and his parents were targeted for arrest by police due to their practice of Falun Gong, and that authorities have actively sought them since Chen's arrival in the U.S. Supporting evidence from the State Department indicates that the Chinese government harshly treats Falun Gong practitioners who do not recant. This establishes a well-founded fear of future persecution, citing precedents such as Zhou v. Gonzales and Zhang v. Ashcroft. However, regarding the withholding of removal, the evidence does not compel a finding that persecution is more likely than not upon Chen's return to China, referencing Hoxha v. Ashcroft. The matter is remanded to the BIA for consideration of the IJ's adverse credibility finding, in line with INS v. Ventura and Briones v. INS. The final disposition is designated as not appropriate for publication and not citable in this circuit except as allowed by 9th Cir. R. 36-3.