Akm Haque v. Eric H. Holder Jr.

MEMORANDUM

Akm Shamsul Haque, a native and citizen of Bangladesh, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings and review de novo its legal conclusions. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We grant the petition for review and we remand.

Substantial evidence does not support the agency’s nexus determination because Haque’s testimony established that he articulated his political opposition to rival party members and that the subsequent attacks and extortion were motivated, at least in part, on account of his political opinion. See Borja v. INS, 175 F.3d 732, 735-37 (9th Cir.1999) (en banc). Because the agency erred in its nexus determination, it did not fully consider Haque’s claim of past persecution and whether Haque has a presumption of future persecution. See Recinos De Leon v. Gonzales, 400 F.3d 1185, 1191-92 (9th Cir.2005). Accordingly, we grant the petition as to Haque’s withholding of removal claim and remand for…