Manuel-Francisco

Manuel-Francisco v. Gonzales

Good Law
140 F. App'x 738
United States Court of Appeals for the Ninth CircuitAugust 4, 2005No. 04-74549; Agency No. A72-140-940California401 words

Opinion

Lead Opinion

MEMORANDUM **

Feliza Martina Manuel-Francisco, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of an Immigration Judge’s denial of her applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review the BIA’s decision for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we grant the petition and remand to the BIA.

Substantial evidence does not support the BIA’s finding that petitioner failed to establish past persecution based on an enumerated ground. Petitioner’s brother was forcibly conscripted by the guerrillas in Guatemala. In 1992, he left the guerril *739 las and purchased a bus to begin a transportation business. A month later, while he was on his bus with petitioner and their parents, the bus was attacked by soldiers. The soldiers beat petitioner’s brother and hung him from a church cross in her village. The soldiers took petitioner’s father off the bus and stoned him to death, shot her mother to death, and raped petitioner. Because the targeted,…

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