Trebejo-Robles

Trebejo-Robles v. Gonzales

Good Law
127 F. App'x 307
United States Court of Appeals for the Ninth CircuitApril 4, 2005No. 02-73880California580 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Alejandro Trebejo-Robles seeks review of the Board of Immigration *308 Appeals’ (“BIA”) summary affirmance of the immigration judge’s (“IJ”) opinion which found Trebejo-Robles failed to demonstrate past persecution or a well-founded fear of future persecution in Peru on account of his political opinion. TrebejoRobles challenges the BIA’s denial of asylum and withholding of removal. We grant the petition for review, and remand the case to the BIA. Because the parties are familiar with the factual and procedural history of the case, we will not recount it here.

We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review a BIA decision to deny asylum and withholding of removal under the substantial evidence standard. Wang v. Ashcroft, 341 F.3d 1015, 1022 (9th Cir.2003). Because the IJ did not make an adverse credibility statement, we consider all facts from Trebejo-Robles’s testimony as true, including any reasonable inferences drawn from those facts. Zheng v. Ashcroft, 332 F.3d 1186, 1189 (9th Cir. 2003).

Trebejo-Robles is a citizen of Peru who entered the United States without inspection in 1993. Trebejo-Robles asserts that he was persecuted by the…

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