Kundra

MEMORANDUM **

Gopal Kundra, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“U”) decision denying his application for asylum. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, see Avetova-Elisseva v. INS, 213 F.3d 1192, 1196 (9th Cir.2000), and we grant the petition for review and remand.

Substantial evidence does not support the agency’s conclusion that the Indian government was unable or unwilling to control the Muslim terrorists who persecuted Kundra on account of his imputed political opinion. The record indicates that the Indian government, although willing, was unable to control the terrorists, despite the fact that Kundra reported the incidents to the police, followed the advice of the police, and relocated within India twice while attempting to escape persecution. See id. at 1198 (recognizing that the government’s inability to control the source of persecution may support a finding of a well-founded fear). Accordingly, substantial evidence does not support the agency’s conclusion that Kundra failed to establish past persecution. See…