Alawwa

MEMORANDUM ***

Sajith Kumar Alawwa, a native and citizen of Sri Lanka, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision summarily affirming an immigration judge’s (“IJ”) denial of his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence. See Garcia-Martinez v. Ashcroft, 371 F.3d 1066, 1074 (9th Cir.2004). We grant the petition for review, and remand for further proceedings.

The IJ erred in finding that Alawwa firmly resettled in the United Arab Emirates (“UAE”) because Alawwa testified that he resided in the UAE on a three-year temporary work visa that was subject to termination by his employer, and that the UAE had not offered him permanent residence. See Ali v. Ashcroft, 394 F.3d 780, 789-90 (9th Cir.2005) (holding that the plain language of 8 C.F.R. § 208.15 requires that an asylum applicant be offered permanent resident status or its equivalent by the country of first asylum to be considered firmly resettled).

Contrary to the IJ’s findings, the record compels the conclusion that the harm Alawwa suffered rises to the level of past persecution. See Ratnam v. INS, 154 F.3d…