Herrera-Contreras

Herrera-Contreras v. Immigration & Naturalization Service

Good Law
19 F. App'x 672
United States Court of Appeals for the Ninth CircuitSeptember 24, 2001No. 01-70184; INS No. A72-400-840California356 words

Opinion

Lead Opinion

MEMORANDUM **

Norma Yolanda Herrera-Contreras petitions for review of the Board of Immigration Appeals’ (“BIA”) decision sustaining the government’s appeal from an immigration judge’s (“IJ”) order granting her applications for asylum and withholding of deportation. We have jurisdiction pursu *673 ant to 8 U.S.C. § 1105a. 1 Where the BIA reviews de novo the IJ’s decision, we review the BIA’s decision for substantial evidence. De Leon-Barrios v. INS, 116 F.3d 391 , 393 (9th Cir.1997). We grant the petition.

Herrera-Contreras testified that she feared persecution from guerrillas because they had killed or injured several members of her former husband’s politically-active family. Herrera-Contreras also testified that guerrillas threatened her father, a former military commissioner. In her declaration attached to her asylum application, Herrera-Contreras stated that she remained very close to her former husband’s family. She also declared that guerrillas twice stopped buses on which she was riding, and interrogated her regarding her name and whether any members of her family were in the military or worked for the government. Because neither the IJ nor the BIA made an express adverse…

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