Bibi

MEMORANDUM **

Sitara Bibi, a citizen and native of Fiji, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal and denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Because the parties are familiar with the factual and procedural history, we will not recount it here. We review the BIA’s factual findings, including the determination that a petitioner has not established eligibility for asylum, for substantial evidence. See Cordon-Garcia v. INS, 204 F.3d 985, 990 (9th Cir.2000). We grant the petition for review and remand to the BIA for further proceedings.

Substantial evidence does not support the BIA’s conclusion that Bibi did not suffer past persecution. In its analysis, the BIA failed to consider Surita v. INS, 95 F.3d 814 (9th Cir.1996), a case quite similar to the one at bar. Indeed, Bibi presented even more significant evidence of persecution than did the petitioner in Surita . Bibi’s home was invaded, her husband assaulted, and her family was forcibly removed from their home and driven into the jungle. The police refused to investigate the crime. Bibi tried to regain…