| 9th Cir.: Pattern or Practice of Persecution of Falun Gong Members by People's Republic of China |
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| Tuesday, 26 August 2008 | |||||
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Zhao and Duan v. Mukasey (9th Cir., 8/26/08, No. 07-75041) REINHARDT, Berzon, Miner
This married couple from the People's Republic of China applied for asylum/withholding/CAT based on membership in Falun Gong and their treatment by Chinese officials. After denials at the IJ and BIA the couple appealed only the asylum denial. The 9th Cir. found they had proven a well-founded fear of future persecution and that the IJ's denial of asylum was not supported by substantial evidence. Interestingly here the 9th Circuit said it did not need to determine whether the arrest, detention, battery, and threats of the police against petitioners, coupled with their paying a fine, being required to report to police, and travel restrictions was past persecution. Earlier 9th Circuit cases had found there was an established pattern or practice of persecution by the People's Republic of China against Falun Gong members and therefore these petitioners had a reasonable fear of future persecution. The 9th Circuit found petitioners eligible for asylum and remanded for a decision as to the exercise of the AG's discretion.
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