Menjivar

Menjivar v. Immigration & Naturalization Service

Good Law
19 F. App'x 622
United States Court of Appeals for the Ninth CircuitSeptember 21, 2001No. 00-70305; INS No. A72-014-038California383 words

Opinion

Lead Opinion

MEMORANDUM **

Sandra Patricia Lopez-De Menjivar, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing her appeal from the Immigration Judge’s order denying her application for asylum and withholding of deportation. We have jurisdiction pursuant to 8 U.S.C. § llOSala). 1 We review the BIA’s decision for substantial evidence, see Navas v. INS, 217 F.3d 646, 657 (9th Cir.2000), and grant the petition for review.

Petitioner’s credible testimony compels the conclusion that petitioner was persecuted at least in part on account of her political opinion. See Borja v. INS, 175 F.3d 732, 736 (9th Cir.1999) (en banc). The guerrilla-assailant was aware that petitioner supported the government. Cf. Molino-Morales v. INS, 237 F.3d 1048, 1051-52 (9th Cir.2001) (denying petition for review where assailants were not aware of the witness’ political opinion). In addition, the guerrilla-assailant did not threaten petitioner merely because she had witnessed guerrilla activity and might report it. See Navas, 217 F.3d at 661 (holding persecutors were motivated by petitioner’s political opinion, not just fear of prosecution, where…

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