Reddy

MEMORANDUM **

Petitioner Kavita Keshni Reddy is a native and citizen of Fiji of Indian decent. *978 She petitions for review of the Board of Immigration Appeals’ (“BIA’s”) decision affirming the Immigration Judge’s (“IJ’s”) denial of her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). The dispositive issue is whether the IJ’s and BIA’s conclusion that Reddy did not suffer persecution on the basis of any protected ground was supported by substantial evidence. We conclude that it was not supported.

The IJ erroneously focused on whether the harm Reddy suffered was on account of her political opinion, rather than on account of race or ethnicity. While being assailed with racial epithets, petitioner was sexually attacked, held at knife point, robbed, and threatened with death unless she and her mother left their home. When the petitioner and her mother reported the incident, the police said they would do nothing, and were true to their word. Nor did the police investigate or in any way follow up upon a subsequent incident in which stones were thrown at petitioner’s house, and she and her mother were threatened with death if…