Njenga

MEMORANDUM **

Ruth Nyambura Njenga, a native and citizen of Kenya, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s (“IJ”) order denying 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, Lata, v. INS, 204 F.3d 1241, 1244 (9th Cir.2000), and we grant in part and deny in part the petition for review.

The IJ denied asylum on the ground that the mistreatment Njenga suffered did not rise to the level of persecution. To the contrary, the record compels the conclusion that the harms Njenga suffered, on account of her Kikuyu ethnicity, considered, cumulatively, constituted past persecution. See Korablina v. INS, 158 F.3d 1038, 1044-1045 (9th Cir.1998) (holding that the cumulative effect of several incidents may constitute persecution). Because Njenga established past persecution, she is entitled to a presumption of well-founded fear of persecution and eligibility of withholding of removal. See 8 C.F.R. §§ 208.13 (b)(1); 208.16(b)(l)(i). We remand to the BIA for determination whether the…