Sablina
Sablina v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Raisa Andreevna Sablina, a native and citizen of Russia, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision that affirmed the Immigration Judge’s (“IJ”) denial of her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, Ramos-Vasquez v. INS, 57 F.3d 857, 861 (9th Cir.1995), and we grant the petition and remand.
Sablina testified that, on three separate occasions, she suffered harm directly at the hands of government officials. In addition, Sablina presented evidence that the police were unwilling or unable to control Cossacks after they beat her on one occasion, beat her pastor on another occasion, and threatened her over the phone. Further, after she filed a complaint about the Cossacks threats, the police indicated that the Cossacks were active voluntary assistants of law enforcement. Accordingly, the IJ’s finding that Sablina failed to establish that the harm she experienced was committed by the government or forces the government is unable or unwilling to control is not supported by substantial…