Elisonguo Lyimo v. Eric H. Holder Jr.

MEMORANDUM

Elisonguo Eliringia Lyimo, a native and citizen of Tanzania, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his 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 de novo questions of law and review for substantial evidence factual findings. Husyev v. Mukasey, 528 F.3d 1172, 1177 (9th Cir.2008). We grant in part and deny in part the petition for review, and we remand.

Lyimo testified that the police and members of the ruling CCM party threatened and beat him, his home was vandalized, and his father’s business was destroyed, all on account of his political activities with an opposing political party. Viewed cumulatively, a reasonable fact finder would be compelled to conclude that the harms Lyimo experienced amount to persecution on account of a protected ground by both the government and those who the government was unwilling or unable to control. See Mashiri v. Ashcroft, 383 F.3d 1112, 1120-21 (9th Cir.2004) (holding that death threat, violence against family members, mob…