Kumar
Kumar v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Rup Kumar and his wife, Basant Mala, Fijian nationals of Indian descent, petition for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an Immigration Judge’s (“IJ”) decision denying their application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). 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 in part and deny in part the petition for review.
Substantial evidence does not support the IJ’s determination that the attacks on Kumar by ethnic Fijians lacked nexus to a protected ground where Kumar credibly testified that the attackers made statements about his race during the attacks. See Ali v. Ashcroft, 394 F.3d 780, 785-86 (9th Cir.2005) (holding that it was error for the IJ to disregard an attacker’s statements expressing he was motivated, in part, by petitioner’s social group). Moreover, the IJ’s finding that the persecution was entirely at the hands of disgruntled subjects of Kumar’s bailiff job is not supported by the record. See Gafoor v. INS, 231 F.3d 645, 652 (9th Cir.2000).