Mendoza v. Immigration & Naturalization Service

THOMAS, Circuit Judge,

dissenting.

I would grant the petition for review and remand for reconsideration by the Board of Immigration Appeals. Mendoza established the requisite past persecution based on imputed political opinion and is therefore entitled to a presumption of well-founded fear of future persecution. Del Carmen Molina v. INS, 170 F.3d 1247, 1249 (9th Cir.1999); Ernesto Navas v. INS, 217 F.3d 646, 658-60 (9th Cir.2000).