Alvarez-Valdivia

MEMORANDUM **

Job Johnson Alvarez-Valdivia, a native and citizen of Peru, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision adopting and affirming an Immigration Judge’s order denying his applications for asylum, withholding of removal, and for protection under the Convention Against Torture. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review the BIA’s decision for substantial evidence, Ramos-Vasquez v. INS, 57 F.3d 857, 861 (9th Cir.1995), and we grant the petition for review and remand.

The BIA’s determination that country conditions evidence rebutted Alvarez-Valdivia’s well-founded fear of persecution is not supported by substantial evidence because the record compels the conclusion that as a potential witness in the prosecution of the Colina Group, Alvarez-Valdivia has reason to fear physical harm or even death if returned to Peru. See Ali v. Ashcroft, 394 F.3d 780, 789 (9th Cir.2005) (holding that the presumption of a well- *704 founded fear of persecution has not been rebutted when evidence in country reports indicates that persecution similar to that experienced by the petitioner still exists). Alvarez-Valdivia’s past persecution at the…