Vicente

MEMORANDUM *

Pedro Fidelino Sosa Vicente, a citizen of Guatemala and a Quiche Mayan Indian, petitions for review of the Board of Immigration Appeals streamlined decision affirming the Immigration Judge’s (IJ) denial of his application for asylum and withholding of deportation. We grant the petition and remand for further proceedings.

I

Sosa argues that the IJ erred by failing to afford him a presumption of a well-founded fear of future persecution based on past persecution. See 8 C.F.R. § 208.13 (b)(l)(ii). The IJ credited Sosa’s testimony in its entirety, but did not analyze the question of past persecution. Instead, the IJ relied on counsel’s apparent willingness to agree, at the hearing, with the IJ’s own problematic description of the law regarding past persecution. We hold that the IJ should have assessed Sosa’s claim by comparing the purported acts of persecution committed against him with those committed in other cases in which this Court has and has not found past persecution. See Ruano v. Ashcroft, 301 F.3d 1155, 1159-60 (9th Cir.2002) (setting forth the methodology for determining past persecution).

In Ruano , we recognized that threats in combination with the…