Sharma

Sharma v. Gonzales

Good Law
217 F. App'x 705
United States Court of Appeals for the Ninth CircuitJanuary 12, 2007No. 05-70125California510 words

Opinion

Lead Opinion

MEMORANDUM **

Poonam Darshini Sharma, a native and citizen of Fiji, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision summarily affirming an Immigration Judge’s (“IJ”) denial of her application for asylum and withholding of removal, and request for relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence and will uphold the IJ’s decision unless the evidence compels a contrary conclusion. INS v. Elias-Zacarias, 502 U.S. 478, 481, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We grant the petition in part, deny in part, and remand.

Substantial evidence does not support the IJ’s decision that Sharma failed to establish eligibility for asylum on the merits. The cumulative effect of repeated trespass, thievery and death threats from ethnic Fijians; Sharma’s arrest and detention by the military in which her hand was stomped on and meat was forced into her mouth against the tenets of her religion; and the incident in which an ethnic Fijian assaulted her with a knife all support her claim of past persecution. See Korablina v. INS, 158 F.3d 1038, 1044 (9th Cir.1998); Guo v. Ashcroft,…

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