Canegalli-Larrea

Canegalli-Larrea v. Immigration & Naturalization Service

Good Law
17 F. App'x 691
United States Court of Appeals for the Ninth CircuitAugust 30, 2001No. 00-71162; INS No. A72-088-363California385 words

Opinion

Lead Opinion

MEMORANDUM **

Virgilio Canegalli-Larrea, a native and citizen of Peru, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal from an Immigration Judge’s (“IJ”) denial of his application for asylum and withholding of deportation under 8 U.S.C. §§ 1158 (a) and 1253(h). We have jurisdiction under 8 U.S.C. § 1105a(a). *** We review the BIA’s decision denying asylum under the substantial evidence standard. Singh v. INS, 134 F.3d 962, 966 (9th Cir.1998). We grant the petition, vacate the BIA’s decision, and remand.

Contrary to the BIA’s decision, Canegal-li-Larrea’s credible testimony establishes that his persecution was at least in part on account of his imputed political opinion. See Ratnam v. INS, 154 F.3d 990, 996 (9th Cir.1998). Like Ratnam , Canegalli-Lar-rea was arrested, detained, interrogated, beaten, and accused of being a member of a terrorist organization by government officials. See Ratnam, 154 F.3d at 992-93 . Thus, Canegalli-Larrea has established that government officials were at least in part motived by political opinion. See id. at 995-96 (indicating asylum eligibility is established where persecutory conduct has more than…

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