Pereira-Borges

MEMORANDUM

Wausiman Pereira-Borges, a native and citizen of Brazil, petitions for review of the BIA’s denial of his asylum application and final order of removal. Because the parties are familiar with the history of the case, we need not recount it here. We grant the petition for review and remand.

An asylum applicant is not entitled to relief if he can avoid future persecution by relocating to another part of his country of nationality. Afriyie v. Holder, 613 F.3d 924, 934 (9th Cir.2010). The government has the burden to prove that PereiraBorges can reasonably relocate within Brazil because the BIA determined that Pereira-Borges had demonstrated past persecution and was presumed to have a well-founded fear of future persecution. See Melkonian v. Ashcroft, 320 F.3d 1061, 1070 (9th Cir.2003). Additionally, the BIA must presume that Pereira-Borges faces a nationwide threat of persecution and that internal relocation is unreasonable because he was persecuted by police officers. Id.

In this case, the BIA determined that Pereira-Borges could reasonably relocate within Brazil. After it issued its order, we issued our decision in Afriyie , which clarified relocation analysis. Under…