Rossitza Koleva Popova and Nadejda Petrova v. Immigration and Naturalization Service

Rossitza Koleva Popova (“Popova”), a Bulgarian native and citizen, petitioned for review of the Board of Immigration Appeals’ (“BIA’s”) decision to deny her request for asylum and withholding of deportation. The BIA recognized that Popova suffered “reprehensible” treatment in Bulgaria, but denied Popova’s petition because she failed to establish that this treatment was “on account of’ her political opinion or membership in a particular social group. The BIA additionally dismissed her motion to remand her asylum petition to the Immigration Judge (“IJ”) so that she could pursue relief pursuant to section 20 of the Nicaraguan Adjustment and Central American Relief Act (“NACARA”). For the following reasons, we grant Popova’s petition, vacate the BIA order, and remand for further proceedings.

I.

Rossitza Koleva Popova (“Popova”) is a 43-year-old citizen of Bulgaria. Her daughter, Nadejda Petrova, is sixteen years old. Popova was born in Stara Zagora, a small town in Bulgaria. Popova comes from a religious family, as her last name reflects: “Popova” is Bulgarian for priest, and signifies that a family member — in this case, Popova’s grandfather— was a priest.

Popova’s parents and…