Rahman
Rahman v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Aman Rahman and Mita Rahman, husband and wife, and natives and citizens of Bangladesh, petition for review of a Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review factual findings for substantial evidence and review questions of law de novo. Abebe v. Gonzales, 432 F.3d 1037, 1039-40 (9th Cir.2005) (en banc). We grant the petition for review, and remand for further proceedings.
Substantial evidence does not support the BIA’s determination that Aman Rahman failed to provide sufficiently detailed evidence to establish past persecution on account of a protected ground. The BIA acknowledged that some of the incidents about which Rahman testified were on account of a protected ground, and he testified that he was arrested, detained and beaten several times. See Kalubi v. Ashcroft, 364 F.3d 1134, 1137 (9th Cir.2004) (“Testimony must be accepted as true in the absence of an explicit adverse credibility finding.”). For example, he…