Rajiv Batra v. Eric Holder, Jr.

MEMORANDUM

Rajiv Batra, a native and citizen of India, 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 protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We grant the petition for review and we remand.

The agency denied asylum and withholding of removal because it found Batra failed to establish that an imputed political opinion or other protected ground was or would be at least one central reason for harm he suffered or fears. Substantial evidence, however, does not support the agency’s nexus determination because the evidence compels the conclusion that at least one central reason for the physical abuse to which Batra was subjected by Indian police was an imputed political opinion. See Singh v. Holder, 764 F.3d 1153, 1159-62 (9th Cir.2014); see also Hu v. Holder, 652 F.3d 1011, 1018-20 (9th Cir.2011) (record compelled the conclusion that petitioner established one…