Horobets

MEMORANDUM **

Mykola Horobets, a Ukranian national, petitions the court for review of a Board of Immigration Appeals (BIA) decision denying asylum, withholding of removal and relief under the Convention Against Torture (CAT). We have jurisdiction under 8 U.S.C. § 1252 (b) and review the BIA’s denial for substantial evidence. Unuakhaulu v. Gonzales, 416 F.3d 931, 937 (9th Cir.2005). Because the record compels the conclusion that Petitioner was persecuted on account of religion, we grant in part and deny in part the petition for review and remand for further proceedings.

I. Past Persecution

The BIA affirmed without opinion the Immigration Judge’s (IJ) determination that although Petitioner credibly testified that he was subjected to discrimination on the basis of religion, he did not suffer persecution as defined under 8 U.S.C. § 1101 (a)(42)(A). This conclusion is not supported by substantial evidence.

As a member of the Evangelical Baptist Church, Petitioner faced significant *841 harassment and discrimination in a community composed predominantly of members of the Ukranian Orthodox Church. When Petitioner decided to build a place of worship for Baptists in the City of…