Bailon
Bailon v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Mauro Adrian Bailón, a native and citizen of Peru, petitions for review of the *38 Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) order denying his application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . Reviewing for substantial evidence, Thomas v. Gonzales, 409 F.3d 1177, 1182 (9th Cir.2005) (en banc), we grant the petition for review, and remand for further proceedings.
Bailón testified that his life was threatened on several occasions by Shining Path guerillas. While there may have been other motives for these threats, one was that he was “not in agreement with their movement,” and was considered a “traitor” to the guerillas. The words used by Bailon’s persecutors constitute evidence of their motives, and are sufficient to establish the requisite nexus between the threats and a political opinion the guerillas imputed to Bailón. See Baballah v. Ashcroft, 367 F.3d 1067, 1077 (9th Cir.2004) (words used by persecutors during alleged abuse amply establish connection between acts of persecution and protected ground).