Petition for review of the BIA's order denying petitioner's asylum application is granted where: 1) the BIA committed legal error by effectively holding that petitioner's only cognizable activity was the act of his enrollment in the China Democratic Party (CDP), an act which petitioner contends was committed clandestinely, and took no notice of his later activities as a member of the CDP; and 2) remand was proper to reopen the record to permit petitioner to present additional evidence as to the Chinese government's likely future awareness of his involvement with the CDP.
Argued: May 27, 2009
Decided: December 2, 2009
Opinion by Judge Pooler
Annete M. Wietecha, Anh-Thu P. Mai, and Jeffrey S. Bucholtz, U.S. Department of Justice,