Moises-Barilla

Moises-Barilla v. Mukasey

Good Law
277 F. App'x 700
United States Court of Appeals for the Ninth CircuitMay 6, 2008No. 04-72521California349 words

Opinion

Lead Opinion

MEMORANDUM **

Josué Moises-Barilla, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order1 vacating an immigration judge’s decision granting his application for withholding of removal and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence and will uphold the BIA’s decision unless the evidence compels a contrary conclusion. INS v. Elias-Zacarias, 502 U.S. 478, 481, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We grant the petition.

Substantial evidence does not support the BIA’s denial of withholding of removal. Moises-Barilla’s exposure of the involvement of local police in drug trafficking and in the murder of his cousin was an expression of political opinion that motivated the police to retaliate against him. See Fedwunyak v. Gonzales, 477 F.3d 1126, 1129-30 (9th Cir.2007). The fact that the officers retaliated against Moises-Barilla for personal as well as political reasons does not defeat his claim, as the government contends. See id. (finding persecution on account of a political opinion where persecutors had mixed motives for them…

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