Calmo

MEMORANDUM **

Casimira Perez Calmo, a Mam Mayan, is a native and citizen of Guatemala. In 2000, Calmo entered the United States and sought asylum. The Immigration Judge (IJ) denied Calmo’s applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). 1 Because the IJ committed legal error in determining whether Calmo suffered past persecution, we grant her petition for review and remand for further proceedings.

Where the BIA affirms the IJ’s decision without opinion, the IJ’s decision becomes the final agency action, and we review the IJ’s decision. Tapia v. Gonzales, 430 F.3d 997, 999 (9th Cir.2005). We review de novo the determination of questions of law. Id. We review findings of fact under the deferential substantial evidence standard, and will uphold them unless the evidence compels a contrary result. Tawadrus v. Ashcroft, 364 F.3d 1099, 1102 (9th Cir.2004). Because the IJ found Calmo to be credible, we accept her testimony as true. See Kalubi v. Ashcroft, 364 F.3d 1134, 1137 (9th Cir.2004).

A petitioner may qualify for asylum if she establishes that she was persecuted in the past on account of race, religion, nationality,…