Namoo

Namoo v. Holder

Good Law
371 F. App'x 845
United States Court of Appeals for the Ninth CircuitMarch 25, 201005-76426California281 words

Opinion

Opinion

MEMORANDUM

Bushra Nadhem Namoo, a native and citizen of Iraq, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) decision denying her application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Kroto-va v. Gonzales, 416 F.3d 1080, 1084 (9th Cir.2005), and we grant the petition for review, and remand.

The IJ found that the physical violence and harassment committed by Iraqi government agents against Namoo, a Chaldean Christian, did not rise to the level of persecution, and was not on account of a protected ground. These findings are not supported by substantial evidence. See id. at 1085-87 ; see also Mashiri v. Ashcroft, 383 F.3d 1112, 1120 (9th Cir.2004) (noting that violence against family members may support an applicant’s asylum claim).

Accordingly, because a showing of past persecution entitles a petitioner to a presumption of both a well-founded fear and clear probability of future persecution, see 8 C.F.R. §§ 1208.13 (b)(1) & 1208.16(b)(1)®, and because the agency did not analyze Namoo’s claim of future fear under this presumption, we…

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