Gonzalez Castro v. Ashcroft

MEMORANDUM *

Maria Socorro Gonzalez Castro, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) final order affirming without opinion the Immigration Judge’s (“IJ”) denial of her application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 , and affirm in part, reverse in part, and remand.

1. Asylum and Withholding of Removal

Because the IJ did not make an adverse credibility finding, we accept Gonzalez Castro’s testimony as true. See Kalubi v. Ashcroft, 364 F.3d 1134, 1137 (9th Cir.2004). The IJ concluded that, because Gonzalez Castro did not declare affiliation to a particular political party, she did not have a political opinion. The IJ’s decision *37 is without support either by substantial evidence in the record or by the law of this circuit. Gonzalez Castro made clear and outspoken efforts to defend human rights and to prosecute government corruption. “Retaliation against an individual who has acted against government corruption can be ‘on account of political opinion.” Njuguna v. Ashcroft, 374 F.3d 765, 770-71 (9th Cir.2004). The…