Xiao Wang Chi v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
XIAO WANG CHI,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 13-70334
Agency No. A088-486-887
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 13, 2014**
Before: CLIFTON, BEA, and WATFORD, Circuit Judges.
Xiao Wang Chi, 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
FILED
MAY 20 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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of removal. We have jurisdiction under 8 U.S.C. § 1252. We grant the petition for
review and we remand.
Chi does not challenge the BIA’s determination that he failed to establish
past persecution in China, but claims police seek to arrest him due to his Christian
house church activities. The BIA denied Chi’s claims by finding, in part, that
“[n]o evidence was presented establishing that Chinese authorities still have a
desire to apprehend” him. (emphasis added.) In making this determination,
however, the BIA did not address the letter from Chi’s father regarding the police’s
continuing interest in Chi. See Eneh v. Holder, 601 F.3d 943, 948-49 (9th Cir.
2010) (remanding for BIA to give reasoned consideration to petitioner’s evidence).
Accordingly, we grant the petition for review as to Chi’s asylum and withholding
of removal claims, 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.
2 13-70334

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