Jamuna Gurung v. Eric Holder, Jr.

MEMORANDUM

Jamuna Gurung (“Jamuna”), a native and citizen of Nepal, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“U”) denial of her applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We grant the petition for review and remand for further proceedings. Because the parties are familiar with the history of the case, we need not recount it here.

Where, as here, the BIA streamlines an appeal under 8 C.F.R. § 1003.1 (e)(4), “the IJ’s decision becomes the BIA’s decision and we evaluate the IJ’s decision as we would that of the Board.” Lanza v. Ashcroft, 389 F.3d 917, 925 (9th Cir.2004) (internal quotation marks omitted). “The denial of asylum is reviewed for substantial evidence. The denial must be upheld unless the applicant can show that the evidence ... presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution.” Camposeco-Montejo v. Ashcroft, 384 F.3d 814, 818 (9th Cir.2004) (internal citation and quotation marks omitted).

Under 8 U.S.C. § 1158 (b), the Attorney General has the discretion to grant asylum…