Sha
Sha v. Immigration & Naturalization Service
Opinion
Lead Opinion
MEMORANDUM *
Ijar Sha, a native and citizen of Pakistan, petitions for review of a decision by the Board of Immigration Appeals (“BIA”) denying his application for asylum and withholding of deportation. Sha alleged past persecution and a well-founded fear of future persecution on account of his political opinion. We have jurisdiction pursuant to 8 U.S.C. § 1105a(a). We grant the petition, hold that Sha is eligible for asylum and entitled to withholding of deportation, and remand to the BIA for the Attorney General to exercise his discretion to grant or deny asylum.
We review the BIA’s decision because it conducted a de novo review of whether Sha was eligible for asylum and entitled to withholding of deportation. See Ghaly v. INS, 58 F.3d 1425, 1430 (9th Cir.1995). We review the factual findings underlying the BIA’s decision for substantial evidence, and reverse only if the record compels the opposite outcome. See *583 Lopez-Reyes v. INS, 79 F.3d 908, 911 (9th Cir.1996).
The BIA initially found Sha credible. At oral argument, the Immigration and Naturalization Service (“INS”) conceded that there was no subsequent adverse credibility finding. We therefore accept petitioner’s…