Sebsebe

Sebsebe v. Keisler

Good Law
241 F. App'x 456
United States Court of Appeals for the Ninth CircuitOctober 1, 2007No. 06-70270California407 words

Opinion

Lead Opinion

MEMORANDUM ***

Martha Sahle Selassie Sebsebe, a native and citizen of Ethiopia, petitions for review *458 of the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s (“IJ”) denial of her application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we grant the petition for review, in part, deny in part, and remand.

Sebsebe testified that she was imprisoned for six months and raped by Ethiopian officials because her father had served in a prior government regime. The BIA found Sebsebe credible, but concluded that there was no evidence that her imprisonment was politically motivated. We disagree. The BIA failed to consider that Sebsebe had been subjected to prior political questioning, and that, during her arrest, she was given three months of political orientation and threatened with death when she resisted. For these reasons, we conclude that the BIA’s determinations were not supported by substantial evidence. See Lopez-Galarza v. INS, 99 F.3d 954 , 959-60 (9th Cir.1996).

We also reject the BIA’s finding that Sebsebe’s return trip to Ethiopia undercut…

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