Rayachhetry

MEMORANDUM

An Immigration Judge (IJ) denied Tan-ka Bahadur Rayachhetry’s application for asylum. The BIA affirmed on the ground that Rayachhetry had failed to establish that the persecution he feared upon return to Nepal was on account of his political opinion. Because that finding is not supported by substantial evidence, we grant Rayachhetry’s petition for review and conclude that he is statutorily eligible for asylum. We remand so that the BIA may exercise its discretion to decide whether to grant asylum.

I.

The evidence that Rayachhetry produced at his immigration hearing compels the conclusion that the Maoist guerrillas who threatened his life were motivated, at least in part, by his political opinion. See Borja v. INS, 175 F.3d 732, 736 (9th Cir.1999) (en banc). Although the Maoists were initially interested in him solely for his money, once they learned of his opposition to Maoism through an article that he published in a local paper, they “made clear to [him] that his ... political opinion contributed to their hatred of him and provided them with additional motive for their actions.” Gafoor v. INS, 231 F.3d 645, 651 (9th Cir.2000); see also Sinha v. Holder, 564 F.3d…