Daniel

*659 MEMORANDUM **

Daniel, a native of Sudan, petitions for review of the Board of Immigration Appeals’ (BIA) affirmance of an Immigration Judge’s (IJ) opinion denying his application for asylum under 8 U.S.C. § 1158 (b)(1), withholding of removal under 8 U.S.C. § 1231 (b)(3), and relief under the Convention Against Torture (CAT). Because one member of the BIA summarily affirmed the IJ’s decision without an opinion, “the IJ’s decision becomes the BIA’s decision and we evaluate the IJ’s decision as we would that of the Board.” Lanza v. Ashcroft, 389 F.3d 917, 925 (9th Cir.2004) (internal quotation marks omitted). “In reviewing the decision of the BIA, we consider only the grounds relied upon by that agency. If we conclude that the BIA’s decision cannot be sustained upon its reasoning, we must remand to allow the agency to decide any issues remaining in the case.” Andia v. Ashcroft, 359 F.3d 1181, 1184 (9th Cir.2004) (per curiam). We have jurisdiction pursuant to 8 U.S.C. § 1252 , and grant the petition.

The IJ acknowledged that Daniel has a well-founded fear of future persecution if he were to return to northern Sudan, but concluded that he could relocate to the Nuba Mountains in…