Thien Ton v. Eric Holder, Jr.

MEMORANDUM

Thien That Ton, a native and citizen of Vietnam, petitions for review of a decision of the Board of Immigration Appeals (BIA) affirming an immigration judge’s (IJ) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT) on the basis that Ton failed to establish past persecution and a well-founded fear of future persecution on account of a protected ground. We have jurisdiction under 8 U.S.C. § 1252 . We grant the petition in part, deny in part, and remand.

The BIA’s determination that the inflicted economic harm on Ton and his family did not rise to the level of past persecution is supported by substantial evidence. See Zehatye v. Gonzales, 453 F.3d 1182, 1185-86 (9th Cir.2006).

The BIA, however, failed to consider Ton’s separate claim that he feared future persecution on account of his refugee status and his anti-communist activi ties in the United States. See Halim v. Holder, 590 F.3d 971, 976 (9th Cir.2009) (“In the absence of past persecution, an applicant may still be eligible for asylum based on a well-founded fear of future persecution.”). The BIA’s order fails to provide a reasoned explanation for…