Vorobets

Vorobets v. Gonzales

Good Law
155 F. App'x 362
United States Court of Appeals for the Ninth CircuitDecember 12, 2005No. 04-75780California385 words

Opinion

Lead Opinion

MEMORANDUM **

Volodymyr Ostapovich Vorobets, a native of the former Union of Soviet Socialist Republics and citizen of Ukraine, petitions for review of an order of the Board of Immigration Appeals (“BIA”) summarily affirming an immigration judge’s (“IJ”) order denying his application for asylum. We have jurisdiction pursuant to 8 U.S.C. § 1252 . Reviewing for substantial evidence, Mamouzian v. Ashcroft, 390 F.3d 1129, 1133 (9th Cir.2004), we grant the petition for review, and remand for further proceedings.

Substantial evidence does not support the IJ’s finding that Vorobets failed to establish that his past mistreatment rose to the level of persecution. Vorobets testified and stated in his application that he was repeatedly detained and *364 interrogated, suffered physical abuse resulting in injuries, and was threatened with death and false charges. See id. at 1135 . Similarly, the IJ’s finding that Vorobets failed to establish that he was persecuted on account of a protected ground is not supported by substantial evidence. Vorobets testified that he was politically active and that his persecutors referenced his political involvement during several of the incidents he…

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