ZHIQIANG HU v. Holder
2011 U.S. App. LEXIS 14327
| 9th Cir. | 2011Background
- Hu, a 51-year-old native and citizen of China, worked as a machinery mechanic at a government-owned factory that laid off about 500 workers on March 5, 2004 due to debt; Hu and two other worker representatives led a protest outside a city government building alleging mismanagement and nonpayment of severance, after which police beat protesters and arrested Hu; he was detained for 11 days, interrogated, and later released under strict reporting and neighborhood committee supervision; Hu fled to the United States in April 2005 while facing continued police interest in his case, fearing future arrest or punishment if repatriated; he applied for asylum, withholding of removal, and CAT protection, which were denied by the IJ and BIA on nexus and credibility grounds; this court grants the petition and remands for further agency proceedings, including a reasoned CAT analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hu proved past persecution on account of a protected ground | Hu’s mistreatment imputed anti-government or pro-labor opinions. | BIA believed no nexus to a protected ground. | Hu established nexus to a protected ground; remand warranted. |
| Whether anti-government opinion can be a protected ground when imputed by authorities | Authorities imputed anti-government political opinion to Hu. | Imputation not sufficient to establish protected ground. | Imputed anti-government opinion is a valid basis for relief. |
| Whether Hu’s pro-labor activities constitute a protected political opinion | Pro-labor advocacy is a political opinion under asylum law. | BIA found no protected political opinion from Hu’s actions. | Pro-labor activities constitute protected political opinion. |
| Whether Hu’s protest was protected activity and had a nexus to a protected ground | Testimony shows protest was political expression against government corruption. | Protest deemed an illegal gathering not tied to protected grounds. | Crucial nexus exists; protest protected activity. |
Key Cases Cited
- Elias-Zacarias, 502 U.S. 478 (U.S. 1992) (establishes nexus framework for asylum claims)
- Navas v. INS, 217 F.3d 646 (9th Cir. 2000) (REAL ID nexus standard and persecution analysis)
- Baghdasaryan v. Holder, 592 F.3d 1018 (9th Cir. 2010) (imputed political opinion as basis for relief)
- Parussimova v. Mukasey, 555 F.3d 734 (9th Cir. 2009) (central reason concept under REAL ID Act)
- Kumar v. Gonzales, 444 F.3d 1043 (9th Cir. 2006) (imputed political opinion and protected ground)
- Zhu v. Mukasey, 537 F.3d 1034 (9th Cir. 2008) (imputed political opinion after accusing protestor of opposing government)
- Mamouzian v. Ashcroft, 390 F.3d 1129 (9th Cir. 2004) (labor-related persecution context)
- Ndom v. Ashcroft, 384 F.3d 743 (9th Cir. 2004) (persecution in absence of legitimate criminal prosecution as asylum basis)