Anbessie

Anbessie v. Ashcroft

Good Law
84 F. App'x 855
United States Court of Appeals for the Ninth CircuitDecember 18, 2003No. 03-70183; Agency No. A72-114-290California285 words

Opinion

Lead Opinion

MEMORANDUM **

Abiy Anbessie, a native and citizen of Ethiopia, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) affirming the Immigration Judge’s denial of his application for asylum, withholding of removal, and protection under the CAT. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review the BIA’s decision for substantial evidence. See INS v. Elias-Zacarias, 502 U.S. 478 , 481 & n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We grant the petition for review and remand.

One evening in December 1993, as Abessie lay sleeping in his bed, members of the Tigrayan People’s Liberation Front set fire to his house because his family is Amharic, and his father was a high ranking member of the recently ousted political party. Although his neighbors managed to drag him out of the burning home, he suffered serious burns on his hands, leg and feet. He was immediately taken to a hospital where he remained for three months, and was an outpatient for another three months.

Anbessie contends that the BIA erred in concluding he did not suffer persecution. Anbessie’s contention has merit because actions that realistically threaten the victim’s life are severe…

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