Akm Haque v. Eric H. Holder Jr. , 471 F. App'x 763 ( 2012 )

FILED
NOT FOR PUBLICATION MAR 14 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
AKM SHAMSUL HAQUE, No. 08-71422
Petitioner, Agency No. A095-629-961
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 6, 2012 **
Before: B. FLETCHER, REINHARDT, and TASHIMA, Circuit Judges.
Akm Shamsul Haque, a native and citizen of Bangladesh, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying his application for withholding of removal.
We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
the agency’s factual findings and review de novo its legal conclusions. Wakkary v.
Holder, 558 F.3d 1049, 1056 (9th Cir. 2009). We grant the petition for review and
we remand.
Substantial evidence does not support the agency’s nexus determination
because Haque’s testimony established that he articulated his political opposition
to rival party members and that the subsequent attacks and extortion were
motivated, at least in part, on account of his political opinion. See Borja v. INS,
175 F.3d 732, 735-37 (9th Cir. 1999) (en banc). Because the agency erred in its
nexus determination, it did not fully consider Haque’s claim of past persecution
and whether Haque has a presumption of future persecution. See Recinos de Leon
v. Gonzales, 400 F.3d 1185, 1191-92 (9th Cir. 2005). Accordingly, we grant the
petition as to Haque’s withholding of removal claim and remand for further
proceedings consistent with this disposition. See INS v. Ventura, 537 U.S. 12,
16-18 (2002) (per curiam).
PETITION FOR REVIEW GRANTED; REMANDED.
2 08-71422