Solomon

MEMORANDUM **

Imee Calaycay Solomon, native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s (“IJ”) denial of her application for asylum, withholding of removal and relief under the Convention against Torture. We have jurisdiction under 8 U.S.C. § 1252 , and we grant the petition.

Solomon contends that a declaration in support of her application was filed with her asylum application but that it is not part of the administrative record. Solomon attaches the declaration to her opening brief and asks the Court to supplement the record with the declaration. Since the Government does not object to the Court’s supplementing the record with the declaration, and since the inclusion of the declaration will not change the outcome of this Court’s decision, the declaration is included as evidence that the Court will consider. See Public Power Council v. Johnson, 674 F.2d 791, 794 (9th Cir.1982).

Persecution on account of political opinion means persecution on account of the victim’s political opinion, not the perpetrator’s. See INS v. Elias-Zacarias, 502 U.S. 478, 482 , 112 S.Ct. 812 , 117 L.Ed.2d 38…