Kamal Narayan v. John Ashcroft, Attorney General

Kamal Narayan (“Narayan”), an Indo-Fijian, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming the Immigration Judge’s (“IJ”) denial of his applications for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We grant the petition.

I. BACKGROUND

Narayan, an ethnic Indian and citizen of Fiji, whose testimony to the IJ we take as credible, provided the following facts in support of his asylum and withholding of removal claims.

In 1987, in the midst of violence directed at Fijians of East Indian descent occurring during a military coup staged by ethnic Fijians, Narayan was attacked and stabbed by a group of ethnic Fijians. When Narayan sought medical care for his wounds from a local medical facility, he was denied treatment; when he reported the attack to the ethnic Fijian-controlled police, they refused to investigate.

In 1988, ethnic Fijians burglarized Na-rayan’s apartment several times. During one of those home invasions, he was stabbed a second time. Again, although he reported the invasions to the police, they did nothing. Additionally, when Na-rayan’s sister’s house was being burglarized, Narayan…