FILED
NOT FOR PUBLICATION OCT 28 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MARIA SOCORRO GONZALEZ No. 06-75265
CASTRO et al.,
Agency Nos. A078-111-832
Petitioners, A075-710-508
A075-710-509
v. A075-710-510
A075-710-511
ERIC H. HOLDER, Jr., Attorney General,
Respondent. MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 19, 2010 **
Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
Maria Socorro Gonzalez Castro and her children, natives and citizens of
Mexico, petition for review of the Board of Immigration Appeals’ order dismissing
their appeal from an immigration judge’s decision denying their application for
asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252.
*
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).
We review for substantial evidence factual findings. INS v. Elias-Zacarias, 502
U.S. 478, 481 n.1 (1992). We grant the petition for review and remand.
The record compels the conclusion Gonzalez Castro suffered past
persecution based on the threats made toward her, the stabbing of her client which
the assailant directed at Gonzalez Castro by leaving her business card, and the
subsequent phone call warning her that she and her children would be next. See
Salazar-Paucar v. INS, 281 F.3d 1069, 1074-75 (9th Cir. 2002).
Because Gonzalez Castro established past persecution, she is entitled to a
presumption that she has a well-founded fear of future persecution. See Ahmed v.
Keisler, 504 F.3d 1183, 1197 (9th Cir. 2007). We remand for the agency to decide
in the first instance whether the government has met its burden to rebut this
presumption. See INS v. Ventura, 537 U.S. 12, 16-18 (2002) (per curiam).
PETITION FOR REVIEW GRANTED. REMANDED.
2 06-75265