Sun Chae v. ERIC H. HOLDER Jr., Attorney General

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).
JK/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SUN CHAE,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 05-76444
Agency No. A079-656-647
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 16, 2010**
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
Sun Chae, a native and citizen of China, petitions for review of the Board of
Immigration Appeals’ order dismissing her appeal from an immigration judge’s
decision denying her application for asylum. We have jurisdiction under 8 U.S.C.
FILED
MAR 24 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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JK/Research 05-76444 2
§ 1252. We review for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478,
481 n.1 (1992), and we grant the petition for review and remand.
Chae testified that during her arrest by Chinese police, she was beaten,
kicked to the ground, deprived of food, water and sleep, and forced to kneel for a
24-hour period. The agency concluded that the harm Chae suffered did not rise to
the level of persecution. Substantial evidence does not support the agency’s
conclusion. See Guo v. Ashcroft, 361 F.3d 1194, 1203 (9th Cir. 2004) (“totality of
circumstances” compelled finding of persecution where petitioner was arrested,
detained for a day and a half and physically abused).
Accordingly, we grant the petition for review and remand Chae’s asylum
claim to the agency for further proceedings consistent with this disposition. See
INS v. Ventura, 537 U.S. 12, 16-18 (2002) (per curiam).
PETITION FOR REVIEW GRANTED; REMANDED.

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