Paulo

Paulo v. Gonzales

Good Law
203 F. App'x 163
United States Court of Appeals for the Ninth CircuitOctober 18, 2006No. 05-70639California291 words

Opinion

Lead Opinion

MEMORANDUM **

Candida Fatima Ferreira Y Paulo (“petitioner”), and her daughter, Leonor S Fer-reira Y Paulo, both natives and citizens of Angola, petition pro se for review of the Board of Immigration Appeals’ summary affirmance of an Immigration Judge’s (“IJ”) denial of their application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Rostomian v. INS, 210 F.3d 1088, 1089 (9th Cir.2000), and grant the petition and remand.

The IJ found that petitioner established past persecution because she was kidnaped and held by rebels for 14 years, and repeatedly raped and beaten during those years. Because the IJ found that petitioner established past persecution, she was entitled to a presumption of a well-founded fear of future persecution. See Popova v. INS, 273 F.3d 1251, 1259 (9th Cir.2001); see also Molina-Estrada v. INS, 293 F.3d 1089, 1096 (9th Cir.2002) (stating that “a State Department report on country conditions, standing alone, is not sufficient to rebut the presumption of future persecution when a petitioner has established past persecution”).

Because…

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