Zelalem Tegeneghe v. Eric Holder, Jr.

Good Law
472 F. App'x 844
United States Court of Appeals for the Ninth CircuitMay 17, 201209-72731California269 words

Opinion

Opinion

MEMORANDUM

Zelalem Tegeneghe, a native and citizen of Eritrea, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence. Chawla v. Holder, 599 F.3d 998, 1001 (9th Cir.2010). We grant the petition for review and remand.

The IJ found Tegeneghe failed to provide any country conditions evidence that shows individuals who are half-Ethiopian are persecuted in Eritrea. This is belied by the record; for' example, the record includes a report from Amnesty International specifically addressing persecution of such individuals. In addition, substantial evidence does not support the agency’s conclusion that Tegeneghe’s half-Ethiopian ethnicity was not “at least one central reason” for the harms he experienced.. 8 U.S.C. § 1158 (b)(l)(B)(i); cf. Parussimova v. Mukasey, 555 F.3d 734, 742 (9th Cir.2009) (concluding “that the utterance of an ethnic slur, standing alone,” does not constitute one central reason for an attack).…

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