Bachilly

MEMORANDUM

Issa Bachilly (“Bachilly”), a native and citizen of Sierra Leone, petitions for review of a Board of Immigration Appeals (“BIA”) order affirming an Immigration Judge’s (“IJ”) decision denying his applications for asylum, withholding of removal, and relief under CAT. Bachilly claims that he was abducted, beaten, and forced to work for the Revolutionary United Front (“RUF”) guerrilla group in Sierra Leone for more than one year. Although the BIA found Bachilly credible, it denied his application. The BIA concluded that he had not been mistreated on account of his political opinion and that he did not have a well-founded fear of future persecution in light of evidence that the RUF had disarmed and disbanded in 2002.

In his petition for review, Bachilly argues that the BIA’s finding that his mistreatment was not motivated by his political opinion is not supported by substantial evidence, that the BIA abused its discretion by failing to consider his request for humanitarian asylum, and that the BIA incorrectly concluded that he was not eligible for withholding of removal under the Convention Against Torture (“CAT”). We agree with his first two arguments, and remand so that…