Sharma

Sharma v. Gonzales

Good Law
202 F. App'x 248
United States Court of Appeals for the Ninth CircuitSeptember 22, 2006Nos. 04-71292, 04-73394California616 words

Opinion

Lead Opinion

MEMORANDUM *

Sangeeta Devi Sharma, a Fijiian national of Indian descent, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) order denying her application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . Reviewing for substantial evidence, see Padash v. INS, 358 F.3d 1161, 1165 (9th Cir.2004), we grant the petition for review, and remand for further proceedings.

Sharma testified that days before fleeing to the United States, a native Fijiian called her home and threatened to rape and kill her. This testimony, which the IJ found to be credible, viewed cumulatively along with evidence of a long and consistent pattern of violent robberies, vandalism, harassment and discrimination endured by Sharma and her family compels a finding of past persecution. See Mashiri v. Ashcroft, 383 F.3d 1112, 1119-21 (9th Cir.2004). The IJ’s finding that there is no evidence in the record that the threat was directed at Sharma rather than her sister is in conflict with Sharma’s testimony both at the hearing and in a written statement that the threat was directed at her in particular.…

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