Nareth Chhor v. Loretta E. Lynch

MEMORANDUM

Chay Hong Ngan (“Ngan”), a native and citizen of Cambodia, petitions for re view from a decision of the Board of Immigration Appeals (“BIA”) summarily affirming the Immigration Judge’s (“IJ”) denial of Ngan’s application for asylum, withholding of removal, and relief under the Convention against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We grant the petition for review and remand.

“Where the BIA affirms an IJ’s order without opinion, we review the IJ’s order as the final agency action.” Khup v. Ashcroft, 376 F.3d 898, 902 (9th Cir. 2004). We review the agency’s determination of eligibility for asylum, withholding of removal, and CAT protection for substantial evidence. Sowe v. Mukasey, 538 F.3d 1281, 1285 (9th Cir. 2008).

The record compels the conclusion that Ngan has a well-founded fear of future persecution. Ngan refused to participate in a government corruption scheme designed to divert funds from his private-public utility company employer to the ruling Cambodian People’s Party (“CPP”). As a result, Ngan suffered a retaliatory demotion, accusations of membership in an opposition party to the CPP which had earlier attempted a coup, and…