Conchev

MEMORANDUM **

Kiril Krastev Conehev, a native and citizen of Bulgaria, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal and protection under the Convention Against Torture. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we grant the petition for review.

Accepting Conchev’s factual allegations as true, as we must absent an adverse credibility determination, see Navas v. INS, 217 F.3d 646 , 652 n. 3 (9th Cir.2000), Conehev has established past persecution on account of his Romani (gypsy) ethnicity. The IJ’s reliance on Prasad v. INS, 47 F.3d 336, 339 (9th Cir.1995) is misplaced. See Chanchavac v. INS, 207 F.3d 584 , 590 n. 5 (9th Cir.2000) (distinguishing Prasad). Government sanction has been established, as Conehev, his sister and his mother experienced brutality at the hands of the police directly and, moreover, the police failed to investigate when Conehev and his family were attacked by ultra-nationalist private citizens. Conehev received medical treatment on one occasion and his ankle was broken on another occasion, so his injuries were…