Jacob Ikeokwu-Onymaechi v. Eric Holder, Jr.
Opinion
Opinion
ORDER AND MEMORANDUM
Petitioner Jacob Ikeokwu, a native and citizen of Nigeria, seeks review of the Board of Immigration Appeals (“BIA”) decision denying his application for asylum and withholding of removal. This court has jurisdiction under 8 U.S.C. § 1252 , and reviews for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We remand this case to the BIA for further proceedings on Ikeokwu’s asylum and withholding of removal claims.
The record compels a finding that Ik-eokwu suffered past persecution based on his membership in the Christian Igbo tribe, which is also known as the Ebu tribe. This past persecution creates a re-buttable presumption that Ikeokwu credibly fears future persecution. Deloso v. Ashcroft, 393 F.3d 858, 863 (9th Cir.2005).
To establish “past persecution, an applicant must show: (1) an incident, or incidents, that rise to the level of persecution; (2) that is on account of one of the statutorily-protected grounds; and (3) is committed by the government or forces the government is either unable or unwilling to control.” Navas v. INS, 217 F.3d 646, 655-56 (9th Cir.2000) (internal quotations omitted).