Kumar
Kumar v. Immigration & Naturalization Service
Opinion
Lead Opinion
MEMORANDUM **
Tarun Kumar, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal from an immigration judge’s denial of his application for asylum and withholding of deportation. We have jurisdiction under 8 U.S.C. § llOSala). 1 We review for substantial evidence factual determinations concerning a petitioner’s eligibility for asylum, and must uphold *622 them unless the evidence compels a contrary result. See INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We grant the petition.
Contrary to the BIA’s decision, Kumar’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). Kumar was detained, beaten, and interrogated by government police who appeared to believe Kumar was associated with a militant anti-government group. See id. Thus, Kumar has established that the police were at least in part motivated by imputed political opinion. See id. at 995-96 .
Accordingly, the BIA’s decision is not supported by substantial evidence. See id.