Katyal

Katyal v. Gonzales

Good Law
204 F. App'x 661
United States Court of Appeals for the Ninth CircuitNovember 14, 2006No. 05-73715California362 words

Opinion

Lead Opinion

MEMORANDUM **

Supriya Katyal, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision that affirmed the ruling of an Immigration Judge (“IJ”) denying her application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 .

‘Where, as here, the BIA reviews de novo the IJ’s decision, our review is limited to the decision of the BIA.” Garcia-Quintero v. Gonzales, 455 F.3d 1006, 1011 (9th Cir.2006). We review for substantial evidence the BIA’s decision, Gu v. Gonzales, 454 F.3d 1014, 1018 (9th Cir.2006), and we grant the petition and remand.

The BIA found that Katyal’s experiences did not rise to the level of persecution. We disagree. Katyal’s father was arrested and beaten severely on two occasions, one of which resulted in a two-week hospitalization. In addition, during the arrest of Katyal and her mother, the police sexually harassed Katyal, raped her mother, and threatened Katyal herself with rape. Because the cumulative effects of the harm rise to the level of persecution, we conclude that substantial evidence does not support the BIA’s finding. See Ndom *662 v. Ashcroft, 384 F.3d 743, 751 (9th Cir.…

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