Kabateraine

concurring.

I write separately to note that the record we reviewed supports a finding that there is substantial evidence of past persecution and of a well-founded fear of future persecution on account of imputed political opinion.

First, Kabateraine presented unrebutted evidence of past persecution. “Physical harm has consistently been treated as persecution.” Chand v. INS, 222 F.3d 1066, 1073 (9th Cir.2000). The IJ acknowledged that Kabateraine’s testimony was credible. Kabateraine testified that the first time he was arrested, he was detained for four days and beaten with a belt and stick by secret service agents who were part of the governing National Resistance Movement (“NRM”). He testified that during his second arrest, the secret service “tortured ... and ... beat me seriously.” The secret service agents burned Kabateraine’s stomach and left rib cage with a sharp instrument “to get me to talk” and “slammed on my legs so hard” that they broke his kneecap. They continued to beat him with a boot and a stick. As a result, Kabateraine had to use a cane for about three months and has permanent scars. The harm Kabateraine suffered clearly rises to the level of…

*577 ORDER **

Respondent has moved for a remand of this case to the Board of Immigration Appeals so that it may reconsider the entire decision. We understand the motion to cover both repapering and the claims for asylum, withholding of removal, and relief under the Convention Against Torture. Petitioner does not object to the motion. Accordingly, we grant the motion.

Motion GRANTED; REMANDED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.