FENG MIN ZHANG and LI WEI ZHANG 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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
FENG MIN ZHANG and LI WEI
ZHANG,
Petitioners,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 07-72515
Agency Nos. A097-349-785
A097-349-786
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 29, 2010**
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
Feng Min Zhang and her husband, Li Wei Zhang, natives and citizens of
China, petition for review of the Board of Immigration Appeals’ (“BIA”) order
dismissing their appeal from an immigration judge’s decision denying their
application for withholding of removal and protection under the Convention
FILED
JUL 19 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We
review for substantial evidence the agency’s factual findings, Ding v. Ashcroft, 387
F.3d 1131, 1136 (9th Cir. 2004), and we grant the petition for review.
Substantial evidence does not support the agency’s denial of petitioners’
withholding of removal claim because Feng Min established that she suffered a
forced abortion when she was coerced into having an abortion to keep her job. See
Wang v. Ashcroft, 341 F.3d 1015, 1020 (9th Cir. 2003) (abortion was forced where
officials reduced petitioner’s wages and threatened to fire her and impose fines).
Further, the agency improperly required corroboration after finding Feng Min
credible. See Kataria v. INS, 232 F.3d 1107, 1114 (9th Cir. 2000) (rejecting BIA’s
finding that applicant did not meet his burden of proof because he failed to provide
documentary evidence to corroborate his credible testimony).
Accordingly, we grant the petition for review with respect to withholding of
removal and remand Feng Min’s claim with instructions that she be granted
withholding of removal, see 8 U.S.C. § 1101(a)(42)(B); Tang v. Gonzales, 489
F.3d 987, 988 (9th Cir. 2007) (“victims of forced abortion ... are statutorily entitled
to withholding of removal”), and remand Li Wei’s claim for the agency to consider
whether he established “other resistance” to the coercive population control
program, see Jiang v. Holder, 606 F.3d 1099, 1106-08 (9th Cir. 2010).

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07-72515 3
In addition, the agency did not consider whether Feng Min’s forced abortion
constituted torture, so we grant the petition with respect to the CAT claim and
remand 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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