Harry Freeman v. Eric Holder, Jr.

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT SEP 24 2013

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

HARRY FREEMAN, No. 09-73925

Petitioner, Agency No. A089-814-444

v.

MEMORANDUM*

ERIC H. HOLDER, Jr., Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted August 29, 2013 Pasadena, California

Before: O’SCANNLAIN, BEA, and CHRISTEN, Circuit Judges.

Pursuant to 8 U.S.C. § 1252, Harry Freeman, a native and citizen of Liberia,

petitions for review of an order by the Board of Immigration Appeals (“BIA”)

denying his claim for withholding of removal. We grant the petition and conclude

that Freeman is entitled to withholding.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. The agency found that Freeman was entitled to a presumption of eligibility

for withholding of removal because he had suffered past persecution on the basis

of ethnicity. As the Immigration Judge (“IJ”) noted, ethnicity appears…