Gayapa

Gayapa v. Gonzales

Good Law
242 F. App'x 422
United States Court of Appeals for the Ninth CircuitJune 13, 2007No. 06-70385California328 words

Opinion

Lead Opinion

MEMORANDUM **

James Aponte Gayapa, and his wife, Elena Ramaron Gayapa, natives and citizens of the Philippines, petition for review of the order of the Board of Immigration Appeals (“BIA”) that affirmed the Immigration Judge’s (“U”) denial of their application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Lim v. INS, 224 F.3d 929, 933 (9th Cir.2000), and we grant the petition for review and remand.

Substantial evidence does not support the IJ’s and BIA’s denial of asylum. Although the IJ’s and BIA’s decision that Gayapa did not establish past persecution is supported, evidence in the record shows that Gayapa does establish a well-founded fear of persecution on account of a protected ground. Gayapa established a nexus by credibly testifying that members of the New People’s Army targeted him on ideological grounds. See Borja v. INS, 175 F.3d 732, 736-37 (9th Cir.1999) (en banc). Gayapa also established an objectively reasonable fear of future persecution, based on death threats and extortion. See Marcos v. Gonzales, 410 F.3d 1112, 1121 (9th Cir.2005).…

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