Morales Mendez v. Holder

MEMORANDUM

Edi Renato Morales-Mendez (“Morales-Mendez”), a native and citizen of Guatemala, petitions for review of the decision by the Board of Immigration Appeals (“BIA”) affirming a decision of the Immigration Judge (“LJ”) to deny his applications for asylum, withholding of removal, and relief under the Convention Against Torture. This Court has jurisdiction to review the agency’s order of removal pursuant to 8 U.S.C. § 1252 (a)(1). Where the BIA adopts the IJ’s decision while adding its own reasoning, we review both decisions. Siong v. INS, 376 F.3d 1030, 1036 (9th Cir.2004). We review for substantial evidence. Lolong v. Gonzales, 484 F.3d 1173, 1178 (9th Cir.2007) (en banc).

We grant review and reverse the BIA’s determination that Morales-Mendez was not subjected to past persecution because he failed to show the nexus required to meet the definition of refugee. We disagree. Morales-Mendez was forcibly kidnapped by guerillas in Guatemala and held captive for a month where he was tortured and interrogated about his relationship with the Guatemalan military. This is sufficient to establish past persecution on the basis of a protected ground. Rios v. Ashcroft, 287 F.3d 895, 900…