Angel Montes Martinez v. Loretta E. Lynch
Opinion
Opinion
MEMORANDUM
Angel Montes Martinez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for withholding of removal and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 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 review due process challenges de novo. Padilla-Martinez v. Holder, 770 F.3d 825, 830 (9th Cir.2014). We grant the petition for review and remand.
Substantial evidence does not support the agency’s conclusion that the harm experienced by Montes Martinez and his brother as children was the result of a private dispute with their persecutor, and that their'familial relationship to their father did not represent one central reason for the attacks. See Singh v. Holder, 764 F.3d 1153, 1160-62 (9th Cir.2014); see also Parussimova v. Mukasey, 555 F.3d 734, 741 (9th Cir.2009) (“a motive is a ‘central reason’ if the persecutor would not have harmed the applicant if such motive did not exist”).