NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
FEI WANG; JUAN ZHEN YE,

Petitioners,

v. JEFFERSON B. SESSIONS III, Attorney General, Respondent. No. 14

- 70463 Agency Nos. A098

- 177

- 751

A098

- 177

- 752

MEMORANDUM *

On Petition for Review of an Order of the Board of Immigration Appeals Submitted July 12, 2017 ** Seattle, Washington Before: MURPHY, *** McKEOWN, and NGUYEN, Circuit Judges.
Petition ers Fei Wang and Juan Zhen Ye petition for review of the decision denying their motion to reopen their removal proceedings. Petitioners argue that if

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes that this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

*** The Honorable Michael R. Murphy, United States Circuit Judge for the U.S. Court of Appeals for the Tenth Circuit, sitting by designation. 

# FILED

JUL 14 2017 MOLLY C. DWYER, CLER K U.S. COURT OF APPEAL S2

removed to China , they will be subject to persecution , including forced sterilization, for violating Chin a’s one

- child family planning policy and for their Protestant Christian religious beliefs. We grant in part, deny in part, and remand. Because the parties are familiar with the facts and history of the case, we need not
recount them here.
1. The Board of Immigration Appeals (BIA) abused its discretion when it
failed to adequately consider Petitioners ’ persecution claim

. See , e.g. , Agonafer v.
Sessions , No. 13

- 73122, 2017 WL 2698257, at *6 (9th Cir. June 23, 2017) (“While the BIA ‘does not h ave to write an exegesis on every contention,’ it is required to ‘consider the issues raised, and announce its decision in terms sufficient to enable a reviewing court to perceive that it has heard and thought and not merely reacted.’” (quoting Lopez v. As hcroft , 366 F.3d 799, 807 n.6 (9th Cir. 2004) ) ). Petitioners submitted a plethora of documents with their motion, including Ch inese government documents and the 2009 and 2010 Annual Reports of the Congressional

– Executive Commission on China (CECC). The B IA neither considered the Chinese government documents nor adequately addressed the CECC reports. Both of these omissions warrant remand. The BIA did not adequately consider the authenticity of the Chinese government documents. This circuit has held tha t a “petitioner may resort t o any recognized procedure for authenticat i[ ng] documents [

. ] ” Vatyan v. Mukasey , 5083

F.3d 1179, 1183 (9th Cir. 2007). Here, Petitioners sought to authenticate the Chinese government documents by: (1) attempting to comply with 8 C.F.R. § 1287.6 ; (2 ) pointing to document seals and letterheads; (3 ) providing an expert report by Dr. Flora Sapio ; and (4 ) explaining that some documents were obtained from official government websites. Because the BIA did not address these efforts,

we remand so that the agency may more thoroughly examine the foreign government documents and evaluate their authenticity. The BIA also failed to adequately consider the information in the 2009 and 2010 CECC reports. The BIA briefly cited the reports in its decision but did not explain why it had deemed the troubling information in the reports as insufficient to establish a prima facie case for relief. See, e.g. , Yan Rong Zhao v. Holder , 728 F.3d 1144, 1150 (9th Cir. 2013) (faulting the BIA for failing to a ddress the 2010 CECC report)

. We remand so that the BIA may more thoroughly examine, inter alia , the CECC reports and explain the rationale behind its decision. In addition, the BIA erred by failing to follow its own precedent. The BIA’s
decision indica tes that Petitioners’ evidence of coercive family planning policies in “other areas of China ” was insufficient to establish c hanged conditions in Fujian
Province

. BIA precedent, however, makes clear that an alien may establish prima facie eligibility for relief in a motion to reopen using evidence from the “ local province, municipality, or other locally

- defined area. ” In re J

– H

– S

– , 24 I. & N.4

Dec. 196, 1 9 7

- 9 8 (BIA 2007). Therefore, the BIA erred to the extent that it failed
to credit evidence from Fujian Province

. 2. The BIA did not abuse its discretion by rejecting Petitioners’ religious persecution claim. The BIA adequately explained its determination that conditions
for Protestants in 2012 were not materially different than in 2007. After thoroughly reviewing the record, we conclude that the BIA did not abuse its
discretion in finding no material change in the treatment of Protestants in China

.

PETITION FOR REVIEW GRANTED in part; DENIED in part; and
REMANDED.