Aga

Aga v. Holder

Good Law
331 F. App'x 442
United States Court of Appeals for the Ninth CircuitMay 11, 2009No. 05-72781California576 words

Opinion

Lead Opinion

MEMORANDUM ***

Grumesew Gekuma Aga, a citizen and native of Ethiopia, petitions for review of an order of the Board of Immigration Appeals (“BIA”) that summarily affirmed the order of an immigration judge (“IJ”) denying his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we grant the petition.

Substantial evidence does not support the IJ’s finding that Aga was not persecuted on account of his political opinion. Because the IJ made no adverse credibility finding, we take Aga’s testimony as true. See Vukmirovic v. Ashcroft, 362 F.3d 1247, 1251 (9th Cir.2004). Aga’s testimony established that he had been detained for over four months and repeatedly beaten on account of his membership in the Oromo Liberation Front (“OLF”). Even if the government’s motivation for “detaining and mistreating [petitioner] was partially for reasons of security, ‘in the absence of any legitimate criminal prosecution, conducted at least in part on account of political opinion, provides a proper basis for asylum and withholding of deporta *444 tion, even if the [persecution] served intelligence…

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