Bodak
Bodak v. Holder
Opinion
Lead Opinion
MEMORANDUM **
Rony Najib Bodak, a native and citizen of Iraq, petitions for review of the Board *199 of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Lopez v. Ashcroft, 366 F.3d 799, 802 (9th Cir.2004), and we grant the petition for review.
In his September 13, 2001 decision, the IJ found Bodak had suffered past persecution as a Chaldean Christian, had a well-founded fear of persecution, and that Bo-dak faced a clear probability of persecution if returned to Iraq. The IJ granted withholding of removal, but denied asylum on discretionary grounds. The BIA then remanded the case for the IJ to reconsider his well-founded fear and clear probability findings in light of changed conditions in Iraq. Upon remand, the IJ concluded Bo-dak did not have a well-founded fear of persecution or a clear probability of persecution due to changed circumstances, and denied Bodak’s asylum and withholding of removal claims. The BIA adopted and affirmed this decision.