In a petition for review of the BIA's denial of petitioner's asylum application, the petition is granted where: 1) the evidence in the record would compel a reasonable factfinder to conclude that petitioner was mistreated because of his political opinion; and 2) the BIA needed to consider whether the threats, harassment, fines, detention, and beating that petitioner experienced rose to the level of persecution.
September 30, 2009
Filed January 13, 2010
Opinion by Judge Pregerson
Brigid Martin, United States Department of Justice, San Francisco, CA