Seyoum

Seyoum v. Gonzales

Good Law
235 F. App'x 549
United States Court of Appeals for the Ninth CircuitAugust 14, 2007No. 04-72293California437 words

Opinion

Lead Opinion

MEMORANDUM *

Zewditu Seyoum and her minor son, Solomon Yoseph, natives and citizens of Ethiopia and apparently identified by the authorities there as being of Eritrean origin, petition for review of the BIA’s decision dismissing their appeal from an IJ’s denial of their application for asylum and withholding of removal. We have jurisdiction over this petition under 8 U.S.C. § 1252 and review for substantial evidence. See Mgoian v. INS, 184 F.3d 1029, 1034 (9th Cir.1999). We accept Zewditu’s testimony as undisputed because the IJ found her credible and the BIA made no contrary finding. See Gormley v. Ashcroft, 364 F.3d 1172, 1176 (9th Cir.2004). We grant the petition and remand to the BIA.

Substantial evidence does not support the BIA’s determination that Zewditu did not suffer past persecution on account of a protected ground. Zewditu’s husband, a university professor, protested the treatment of Eritreans in his department. A short time later he was poisoned and his murder was not properly investigated by the authorities. Zewditu believes that he was murdered by the Tigrean Security Forces. Ten days later, after attempting to find answers regarding her husband’s death, Zewditu…

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