Ahmed
Ahmed v. Immigration & Naturalization Service
Opinion
Lead Opinion
MEMORANDUM **
Alfaz Ahmed, a native and citizen of Bangladesh, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an Immigration Judge’s (“IJ”) order denying his application for asylum and withholding of deportation. We have jurisdiction pursuant to 8 U.S.C. § 1105a(a), and we grant the petition for review.
When the BIA conducts its own review of the record, this court reviews the decision of the BIA and not that of the IJ. Sidhu v. INS, 220 F.3d 1085, 1088 (9th Cir.2000). This court reviews for substantial evidence the BIA’s determination that the petitioner has not established eligibili *283 ty for asylum. Pedro-Mateo v. INS, 224 F.3d 1147, 1150 (9th Cir.2000). The BIA’s decision must stand unless “the evidence not only supports ... but compels” reversal. Id.
The BIA’s determinations that Ahmed failed to establish past persecution and, in the alternative, that internal relocation was possible, are not supported by substantial evidence. See Cordon-Garcia v. INS, 204 F.3d 985, 991-93 (9th Cir.2000). The BIA correctly assumed the truth of Ahmed’s testimony because the IJ did not make an explicit finding that Ahmed was…