Mahumud
Mahumud v. Ashcroft
Opinion
Dissenting Opinion
Rymer, J.
dissenting.
Because I read the record differently, I do not believe that a reasonable factfinder would be compelled to conclude that the *504 attacks on Mahumud’s family were on account of sub-clan tribal membership.
Lead Opinion
MEMORANDUM *
Hassan Abdirahman Mahumud, a citizen of Somalia, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s denial of Mahumud’s requests for asylum, withholding of removal, and relief under the Convention Against Torture. We grant Mahumud’s petition for review and reverse the BIA’s denial of Mahumud’s request for asylum.
The BIA’s ruling that Mahumud did not demonstrate reasonable fear he would be persecuted because of his membership in a minority clan is not supported by substantial evidence. See INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Among other evidence, Mahumud in his testimony, deemed credible by the BIA, made clear that several family members in multiple incidents were persecuted, attacked and killed because of tribal membership and not merely based on general civil strife. Based on our review of the record, including Mahumud’s credible testimony and the relevant State Department reports, “a reasonable factfinder would have to conclude that the requisite fear of persecution existed” and Mahumud is eligible for asylum. See id.