Sherpa

MEMORANDUM **

Dorjee Lama Sherpa, and his wife Nyimi Lama Sherpa, are natives and citizens of Nepal. Petitioners seek review of a Board of Immigration Appeals (“BIA”) decision affirming the ruling of an Immigration Judge (“U”) denying their application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 .

Where, as here, the BIA adopts the IJ’s decision and also adds its own reasons, we review both decisions. See Zhou v. Gonzales, 43 7 F.3d 860, 864 (9th Cir.2006). We review for substantial evidence, Gu v. Gonzales, 454 F.3d 1014, 1018 (9th Cir. 2006), and we grant the petition in part and remand, and deny in part.

The IJ and BIA found that Sherpa’s experiences did not rise to the level of persecution and that the attack he suffered was not on account of a protected ground. Neither of these findings is supported by substantial evidence. The attack clearly rises to the level of persecution. See Duarte de Guinac v. INS, 179 F.3d 1156, 1161 (9th Cir.1999) (explaining that this court has consistently found persecution where applicant was physically harmed). Furthermore, because the Maoist rebels…