Mogos

MEMORANDUM *

Gerzgiher Mogos, a native and citizen of Ethiopia, petitions for review of a decision of the Board of Immigration Appeals (“BIA”), which affirmed without opinion the decision of the Immigration Judge (“IJ”). The IJ denied Mogos’ application for asylum, withholding of removal, and for relief under the Convention Against Torture (“CAT”) and ordered him removed to Eritrea. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we grant the petition.

Mogos was born in Eritrea, which, at the time, was part of Ethiopia. A referendum was held on Eritrean independence from Ethiopia in 1993, but Mogos, who is a Jehovah’s Witness, did not vote in the referendum because his religion did not allow it. Because he refused to participate in the referendum, in August 1993, three Eritrean soldiers came to his work place and beat him. Mogos was taken to a hospital in Asmara, where he was treated for injuries he suffered during the attack.

In November 1993, Mogos fled with his family to Ethiopia, where he remained until 1998, when a border war broke out between Eritrea and Ethiopia. When the conflict broke out, Ethiopian authorities began “capturing Eritreans [in Ethiopia] and…