Hasnat

MEMORANDUM ***

Habib Mohammed Hasnat, a native and citizen of Bangladesh and member of the Jatiyo Political Party, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) denying his request for asylum and withholding of deportation. We grant the petition for review and remand to the BIA for further consideration.

We review the BIA’s factual findings under the substantial evidence standard. The findings must be supported by reasonable, substantial, and probative evidence in the record considered as a whole. Agbuya v. INS, 241 F.3d 1224, 1229 (9th Cir.2001). We will reverse if the evidence is such that a reasonable factfinder would have to conclude that petitioner has met the requisite standard of a grant of asylum. Id. When, as in this case, the BIA has conducted an independent review of the record, we review its decision rather than that of the immigration judge (“U”). Ghaly v. INS, 58 F.3d 1425,1430 (9th Cir.1995).

The BIA concluded that petitioner was not the victim of persecution in Bangladesh because “[t]he incidents of harm which the respondent described do not, in our view, rise to a level of seriousness to constitute persecution.” We disagree…