Eulalia Gaspar-Bartolo v. Eric Holder, Jr.

MEMORANDUM

Eulalia Gaspar-Bartolo, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s decision denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We grant the petition for review and remand.

In evaluating Gaspar-Bartolo’s claim of past persecution, the BIA found that the harm that she suffered did not rise to the level of persecution. However, in reaching this conclusion, the BIA did not have the benefit of our intervening decision in Mendoza-Pablo v. Holder, 667 F.3d 1308 (9th Cir.2012). Gaspar-Bartolo established that when she was a child, her father fled into exile and she, her mother, and her siblings were forced to abandon their home multiple times due to credible threats of abduction and death that they received from guerrillas. See id. at 1314 (“being forced to flee from one’s home in the face of an immediate threat of severe physical •violence or death…