Servito

Servito v. Gonzales

Good Law
130 F. App'x 96
United States Court of Appeals for the Ninth CircuitMarch 21, 2005Nos. 03-70237, A70-075-959, A71-590-528California617 words

Opinion

Lead Opinion

MEMORANDUM **

Leodegario Naraja Servito and his daughter Agnes Costes Servito, natives and citizens of the Philippines, petition for review of the decision of the Board of Immigration Appeals (“BIA”) affirming an Immigration Judge’s (“IJ”) denial of their request for asylum and withholding of deportation. 1 We have jurisdiction under the transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”), 8 U.S.C. § 1105a (1996), as amended by IIRIRA § 309(c)(4). See Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). We review for substantial evidence, Lata v. INS, 204 F.3d 1241, 1244 (9th Cir.2000), and we grant the petition for review and remand for reconsideration of the asylum and withholding claims.

The IJ explicitly found Naraja Servito credible and “accord[ed] full evidentiary weight to his testimony.” We therefore accept Naraja Servito’s statements as true. See Mashiri v. Ashcroft, 383 F.3d 1112, 1119 (9th Cir.2004). The government concedes that the evidence compels the conclusion that Naraja Servito established past persecution, based on both the repeated death threats he and his family suffered and the fact that his nephews were…

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