Morales-Lopez
Morales-Lopez v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Noe Alfonso Morales-Lopez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals (“BIA”) order affirming without opinion an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of deportation, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . Reviewing for substantial evidence, Cordon-Garcia v. INS, 204 F.3d 985, 990 (9th Cir.2000), we grant the petition for review and remand.
Substantial evidence does not support the IJ’s determination that Morales-Lopez was not eligible for asylum. Morales-Lo *669 pez testified that political conspirators approached him and asked him to assist in an assassination plot against a local politician he was assigned to protect. Morales-Lopez refused to participate and reported the assassination plot to the governor. Moralez-Lopez testified that he was then threatened, assaulted, and shot at by several men who called him by name and told him it was his punishment for not collaborating with them. Based on this evidence, a reasonable fact-finder would be compelled to conclude that Morales-Lopez was persecuted on…