Vega

MEMORANDUM ***

Jorge Soto Vega, a native and citizen of Mexico, petitions for review of an order by the Board of Immigration Appeals (“BIA”) that affirmed without opinion an Immigration Judge’s (“IJ”) denial of Soto Vega’s applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We grant the petition and remand to the BIA.

We have jurisdiction to review a final order from the BIA under the Immigration and Nationality Act (“INA”) § 242, 8 U.S.C. § 1252 . When the BIA affirms an IJ’s decision without opinion, this court reviews the IJ’s decision as the final agency determination. Karouni v. Gonzales, 399 F.3d 1163, 1170 (9th Cir.2005). “In this posture, we review de novo the IJ’s legal conclusions.” Reyes-Reyes v. Ashcroft, 384 F.3d 782, 786 (9th Cir.2004). To establish eligibility for asylum, a petitioner must show he or she qualifies as a refugee. INA § 208(b), 8 U.S.C. § 1158 (b). A refugee is one “who is unable or unwilling to return to ... [his native] country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion....…