Abbasi

Abbasi v. Gonzales

Good Law
241 F. App'x 422
United States Court of Appeals for the Ninth CircuitJuly 20, 2007No. 05-73049California364 words

Opinion

Lead Opinion

MEMORANDUM **

Amir Mansoor Abbasi, Hina Mansoor Abbasi, and Muniba Fatima Abbasi, husband, wife and minor child, all natives and citizens of Pakistan, petition for review of a Board of Immigration Appeals (“BIA”) decision which affirmed the ruling of an Immigration Judge (“IJ”) denying their application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”).

Where, as here, the BIA adopts the decision of the IJ, we review the IJ’s decision as if it were that of the BIA. See Hoque v. Ashcroft, 367 F.3d 1190, 1194 (9th Cir.2004). We review for substantial evidence, Baballah v. Ashcroft, 367 F.3d 1067, 1073 (9th Cir.2004), and we grant the petition in part, deny it in part, and remand.

The IJ denied Abbasi’s application for asylum and withholding of removal, finding no nexus between the harm suffered and a protected ground. This finding is not supported by substantial evidence, as Abbasi’s credible testimony clearly established that members of the Muttahida Quami Movement (“MQM”) targeted him because of his political opinion. See Navas v. INS, 217 F.3d 646, 656 (9th Cir.2000). The IJ also determined that the attacks on Abbasi were not committed…

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