Nand

MEMORANDUM **

Nithiya Nand, his wife, Sharon Lata, and their daughter, Shalini Lata, citizens and natives of Fiji, petition for review of the Board of Immigration Appeals’ (“BIA”) decision summarily affirming an Immigration Judge’s (“IJ”) denial of their applications for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . Reviewing for substantial evidence, Chand v. INS, 222 F.3d 1066, 1073 (9th Cir.2000), we grant the petition for review and remand for further proceedings.

The lead petitioner, an Indo-Fijian whom the IJ found to be credible, described several incidents in support of his claim of persecution. In the most recent incident, fifteen or sixteen ethnic Fijian attackers forced their way into Nand’s home, beat him with a pipe, beat his parents, and looted and destroyed his home and other property. Nand sustained injuries all over his body. In the following months leading up to Nand’s departure from Fiji, ethnic Fijians stoned his house every two or three weeks, threatening him and his family because of their race. Nand was also attacked by ethnic Fijians in 1987 and 1999, each time…