Much like in the two previous cases, the Chinese authorities have already identified Zhao and Duan as Falun Gong adherents and have shown an interest in monitoring their movements. In fact, unlike those cases, Zhao and Duan have already been arrested, detained for four days, physically abused, coerced into signing a promise to refrain from their practice, and ordered to report to the police once a week. Zhao was abused to the point that he sought medical attention and was threatened with death or disappearance.The holding reverses a determination by the Board of Immigration Appeals, which had found that that petitioners Shoufu Zhao and Zhenying Duan had shown neither past persecution nor a well-founded fear of persecution, as required by a federal statute.
China, which banned Falun Gong in 1999, has repeatedly faced criticism for its human rights record. Last month, Amnesty International released a report detailing ongoing human rights abuses in the country, including the use of the death penalty, detention and abuse of rights activists, and Internet censorship.