Muhammad Islam v. Loretta E. Lynch

MEMORANDUM

Muhammad Islam petitions for review of the Board of Immigration Appeals’s (BIA) decision dismissing his appeal of an immigration judge’s (IJ) decision denying his claims for asylum, withholding of removal and protection under the Convention Against Torture (CAT). We grant the petition in part.

The BIA denied asylum and withholding of removal, holding that the Pakistani government was not unwilling or unable to protect Islam from the Taliban, and that Islam could safely relocate to another part of Pakistan. Both conclusions are unsupported by substantial evidence. The denial of CAT relief was, however, supported by substantial evidence.

1. The IJ fully credited Islam’s testimony, and the BIA did not disturb that determination. We therefore treat Islam’s testimony as true. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). An examination of that testimony indicates that the BIA failed to analyze Islam’s claims “in an individualized manner.” Afriyie v. Holder, 613 F.3d 924 , 933 n. 6 (9th Cir.2010); see also Vitug v. Holder, 723 F.3d 1056, 1065 (9th Cir.2013).

The Taliban singled out Islam, threatening to kill him for speaking out against its activities. The…