Khalil Mohamad Al Tareb v. Eric H. Holder Jr.

MEMORANDUM

Khalil Abdulaziz Mohamad-Al-Tareb (‘Al-Tareb”), a native and citizen of Yemen, petitions for review of a decision of the Board of Immigration Appeals affirming an immigration judge’s denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Al-Tareb asserted past persecution and a fear of future persecution as well as a claim for humanitarian asylum relief. We remand.

This court’s jurisdiction is governed by 8 U.S.C.A. § 1252 . This court reviews the relevant legal conclusions de novo, Hamazaspyan v. Holder, 590 F.3d 744, 747 (9th Cir.2009), and the IJ’s factual findings under the substantial evidence standard, Lopez-Rodriguez v. Mukasey, 536 F.3d 1012, 1015 (9th Cir.2008).

We conclude that the BIA properly rejected Al-Tareb’s CAT claim. However, in denying relief the IJ did not afford a presumption of future fear of persecution to Al-Tareb, despite having assumed past persecution. This constituted error and requires a remand.

We had previously remanded this matter to the Board for a determination as to whether humanitarian asylum should be granted to Al-Tareb. Although the issue of humanitarian…