Hussein
Hussein v. Gonzales
Opinion
Lead Opinion
MEMORANDUM *
Mohanad Hussein (“Hussein”), a native and citizen of Sudan, petitions for review of the Board of Immigration Appeal’s (“BIA”) decision affirming and adopting an Immigration Judge’s (“IJ”) decision to deny his application for asylum and withholding of removal. Because we find that Hussein has a well-founded fear of future persecution, we now GRANT Hussein’s petition and REMAND to the BIA for proceedings consistent with this memorandum.
An applicant may qualify for asylum by proving a well-founded fear of future persecution. Knezevic v. Ashcroft, 367 F.3d 1206, 1212 (9th Cir.2004). That fear must be both subjectively genuine and objectively reasonable. Id. at 1213 . Hussein satisfied the subjective element by testifying credibly about his fear of future persecution. Id.
To prove that his fear is objectively reasonable, Hussein must present “credible, direct, and specific evidence” supporting at least “a ten percent chance” that he would be persecuted by the government if forced to return to Sudan. Id. at 1212-13 ; see also INS v. Cardoza-Fonseca, 480 U.S. 421, 431 , 107 S.Ct. 1207 , 94 L.Ed.2d 434 (1987). We find that Hussein has met this burden.