Diaz-Reyes

MEMORANDUM **

Esvin Diaz-Reyes, a native and citizen of Guatemala, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal of an Immigration Judge’s denial of his application for asylum and withholding of deportation. Pursuant to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”), the transitional rules apply, see Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), and we therefore have jurisdiction under 8 U.S.C. § 1105a(a), as amended by IIRIRA § 309(c), see Avetova-Elisseva v. INS, 213 F.3d 1192 , 1195 n. 4 (9th Cir.2000). We grant the petition for review.

We review the BIA’s decision under the substantial evidence standard. See Singh v. INS, 134 F.3d 962, 966 (9th Cir.1998). We will reverse the BIA’s determination only if the evidence presented by the applicant would compel a reasonable factfinder to conclude that the requisite fear of persecution existed. See INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992).

We conclude that Diaz-Reyes’s undisputed testimony compels the conclusion that he was persecuted by Guatemalan Army officials, at least in part on account of…