Pavlovic

MEMORANDUM ***

Rade Pavlovic, his wife Vera, and their *630 two children, Ivan and Djordje, 1 seek review of the Board of Immigration Appeals’ (“BIA”) decision affirming an Immigration Judge’s (“IJ”) denial of Pavlovic’s application for withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we grant the petition.

We agree with Pavlovic that substantial evidence does not support the BIA’s finding that changed country conditions in the former Federal Republic of Yugoslavia rebutted his well-founded fear. 2 See Lopez v. Ashcroft, 366 F.3d 799, 805 (9th Cir. 2004) (“We review the BIA’s factual findings regarding changed country conditions for substantial evidence.”). The IJ found that Pavlovic suffered past persecution due to his political opinions and his refusal to perform military service. Thus, he was entitled to a presumption of well-founded fear of future persecution. 8 C.F.R. § 1208.16 (b)(l)(i). This presumption, unless rebutted by the government, made Pavlovic eligible for withholding. Id. We granted Pavlovic’s prior petition and remanded solely for the BIA to make an individualized determination regarding changed country conditions. Pavlovic v.…