Toma

MEMORANDUM *

Saeeda E. Toma (“Toma”), a native and citizen of Iraq, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her application for asylum, withholding of removal, and relief under the Convention Against Torture. The parties are familiar with the facts of this case, and we repeat them only to the extent necessary for our disposition. We have jurisdiction under 8 U.S.C. § 1252 . We grant the petition and remand.

Toma is a Chaldean Christian who lived in Iraq prior to arriving in the United States in 2001. She testified that both she and her family members suffered multiple incidents of abuse at the hands of Ba’ath Party officials.

The IJ did not find Toma’s testimony credible. However, the BIA reversed the IJ’s adverse credibility finding, implicitly holding that Toma had established past persecution. The burden thus shifted to the government to establish a change in circumstances in Iraq such that Toma would no longer have a well-founded fear of future persecution. See 8 C.F.R. § 1208.13 (b)(l)(ii). The IJ determined, and the BIA agreed, that the presumption of a well-founded fear was rebutted by *579 changed country conditions. This…