Varo

MEMORANDUM **

Leone Varo, 1 a native of Fiji, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture. We grant the petition for review. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

Varo, an ethnic Fijian, claims that he was persecuted in the past and faces future persecution on account of his political opinion, namely his support of the Labor *631 Party and his support of land rights for members of the Indo-Fijian minority.

Both the BIA and the immigration judge (“IJ”) found Varo to be credible. His testimony — including the politically-motivated beating of the respondent in 1987, threats against the respondent in 1999, and the beating of his brother and rape of his sister in 1999 — established that he was persecuted in the past on account of his political opinion.” See Chand v. INS, 222 F.3d 1066 (9th Cir.2000).

Because Varo established that he suffered past persecution, he is entitled to the legal presumption that he has a well-founded fear of future persecution. See 8 C.F.R. §…