Kho
Kho v. Immigration & Naturalization Service
Opinion
Lead Opinion
MEMORANDUM **
The Board of Immigration Appeals (“BIA”) dismissed James Tavera Kho’s appeal from the decision of an Immigration Judge (“IJ”) denying his application for asylum and withholding of deportation. Kho petitions for review.
The IJ found Kho’s testimony incredible, but the BIA disagreed, concluding that a negative credibility determination was not supported by the record. We therefore assume that Kho’s factual contentions are true. Navas v. INS, 217 F.3d 646 , 652 n. 3 (9th Cir.2000).
I. Asylum
Under 8 U.S.C. § 1158 , Kho is eligible for asylum if he is a “refugee,” that is, if he is unable or unwilling to return to the Philippines “because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or *787 political opinion.” 8 U.S.C. § 1101 (a)(42)(A). We hold that Kho qualifies for asylum because he has a well-founded fear of future persecution on account of political opinion.
A. “On account of’ political opinion. Assuming that Kho risks persecution, see infra Part I.B, we conclude that such persecution would be “on account of’ political opinion. The BIA offered several reasons for…