Damjan Knezevic and Danica Knezevic v. John Ashcroft, Attorney General

Damjan and Danica Knezevic (“the Knezevics”), ethnic Serbs and citizens of Bosnia-Herzegovina, petition this court for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“IJ”) denial of their applications for asylum and withholding of deportation. 8 U.S.C. § 1158 (1996); 8 U.S.C. § 1253 (h) (1996). We have jurisdiction under 8 U.S.C. § 1105a(a)(l), as amended by the transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRI-RA”), Pub.L. 104-208, 110 Stat. 3009 (September 30, 1996). Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). Reviewing the record in its entirety, we conclude the IJ’s decision that the Knezevics failed to establish past persecution or a well-founded fear of future persecution based on their Serbian ethnicity is not supported by substantial evidence. Accordingly, we GRANT the Knezevics’ petition for review. We REMAND the case so that the BIA may determine the reasonableness of requiring the Knezevics to relocate, and for it to reconsider the Knezevics’ application for asylum and withholding of deportation.

I FACTS

The Knezevics lawfully entered the United States on…