On Petition for Review from the Board of Immigration Appeals;
No. A 206 468 574.
Decided and Filed: May 19, 2020
Before: COLE, Chief Judge; BOGGS and GIBBONS, Circuit Judges.
JULIA SMITH GIBBONS, Circuit Judge. Maria Magdalena Juan Antonio,1
a native and
citizen of Guatemala, appeals from the Board of Immigration Appeals’ (the “Board”) denial of
her application for asylum and withholding of removal. In its denial, the Board found that Maria
articulated a cognizable particular social group and that the harm she suffered rose to the level of
past persecution. It then concluded, however, that the government effectively rebutted her well founded fear of future persecution by showing changed circumstances: that she was no longer
part of her articulated social group and that she could reasonably relocate within Guatemala. On
appeal, Maria argues that the Board’s conclusion was not supported by substantial evidence on
the record as a whole. We agree with Maria. Therefore, we grant the petition for review, vacate
the Board’s decision, and remand for reconsideration consistent with this opinion.