Zhenhua Li 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).
07-72560
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ZHENHUA LI,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 07-72560
Agency No. A095-292-022
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 14, 2010**
Before: GOODWIN, WALLACE, and W. FLETCHER, Circuit Judges.
Zhenhua Li, 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.
We have jurisdiction under 8 U.S.C. § 1252. “We review the BIA’s factual
FILED
DEC 27 2010
MOLLY C. DWYER, CLERK
U .S. C O U R T O F AP PE ALS

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07-72560 2
findings for substantial evidence.” Brezilien v. Holder, 569 F.3d 403, 411 (9th Cir.
2009). We grant the petition for review, and remand.
The BIA concluded that Li established past persecution on account of an
imputed religion and was therefore entitled to a presumption of a well-founded fear
of future persecution. The BIA’s determination that a fundamental change in
circumstances rebutted the presumption is not supported by substantial evidence
because the government presented no evidence of such a change, see Wang v.
Ashcroft, 341 F.3d 1015, 1020 (9th Cir. 2003) (“The INS has presented no
evidence to rebut the presumption, and therefore has not met its burden.”), and the
BIA’s reasons for its determination were speculative, see Salazar-Paucar v. INS,
281 F.3d 1069, 1077 (9th Cir. 2002).
Accordingly, because the government failed to rebut the presumption of a
well-founded fear of future persecution, Li is eligible for asylum and entitled to
withholding of removal. We remand this case to the BIA for the Attorney General
to exercise his discretion under 8 U.S.C. § 1158(b) as to whether to grant Li
asylum and for an appropriate order withholding Li’s removal.
PETITION FOR REVIEW GRANTED; REMANDED.

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