Maria Socorro Gonzalez Castro v. ERIC H. HOLDER, Jr., Attorney General

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARIA SOCORRO GONZALEZ
CASTRO et al.,
Petitioners,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 06-75265
Agency Nos. A078-111-832
A075-710-508
A075-710-509
A075-710-510
A075-710-511
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.
FILED
OCT 28 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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06-75265 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.

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