Chhuon

MEMORANDUM *

Samoeun Chhuon appeals the district court’s denial of his petition for habeas corpus, which Chhuon filed after the Board of Immigration Appeals (“BIA”) denied his application for withholding of removal under 8 U.S.C. § 1231 (b)(3) and the Convention Against Torture (CAT). We have jurisdiction pursuant to 8 U.S.C. § 1291 , and we reverse with instructions to remand this case for further proceedings. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

The BIA erred in holding that Chhuon had not suffered past persecution on account of a membership in a social group, to wit, his family. See Thomas v. Gonzales, 409 F.3d 1177, 1189 (9th Cir. *674 2005) (en banc). The BIA inappropriately minimized Chhuon’s childhood experiences in a Khmer Rouge labor camp, justifying the finding of no past persecution by stating that Chhuon “was an infant at the time, was not harmed, and does not have any recollection of the events.” The fact that Chhuon does not recall childhood events does not diminish the viability of his claims. The record is undisputed that Chhuon was forcibly placed in a concentration camp, along with…