UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT SILVANA DE SOUZA No. 24-834 SILVA; GLEIDSTON MAGNO Agency Nos. ALVES; PABLO DE SOUZA A220-643-435 ALVES, A220-643-434 A220-643-436 Petitioners, v. OPINION PAMELA BONDI, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted March 7, 2025* San Francisco, California

Filed June 11, 2025

Before: Kim McLane Wardlaw, Richard A. Paez, and Carlos T. Bea, Circuit Judges.

* The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 2 DE SOUZA SILVA V. BONDI

Opinion by Judge Paez

SUMMARY**

Immigration

The panel granted Silvana De Souza Silva’s petition for review of a decision by the Board of Immigration Appeals dismissing an appeal from an order of an Immigration Judge (“IJ”) denying her asylum relief. De Souza Silva alleged past persecution and a well- founded fear of future persecution in Brazil on account of her religion, Candomblé, an Afro-Brazilian religion. The panel concluded that in determining whether De Souza Silva experienced harm rising to the level of persecution, neither the BIA nor the IJ considered the impact of De Souza Silva’s past experiences on her ability to freely practice her religion. The agency’s failure to consider the harm to De Souza Silva’s religious practice was legal error that affected the agency’s internal relocation analysis. Thus, the panel remanded for the agency to reconsider its past persecution determination and the remaining elements of De Souza Silva’s claim for asylum.

** This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader. DE SOUZA SILVA V. BONDI 3

COUNSEL Jose F. Vergara, Law Office of Jose F. Vergara, Walnut Creek, California, for Petitioners. Shahrzad Baghai, Trial Attorney; Sabatino F. Leo, Assistant Director; Office of Immigration Litigation; Brian M. Boynton, Principal Deputy Assistant Attorney General; Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.

OPINION PAEZ, Circuit Judge:

Petitioner Silvana De Souza Silva (“De Souza Silva”), native and citizen of Brazil, petitions for review of a decision by the Board of Immigration Appeals (“BIA”) dismissing an appeal from an order of an Immigration Judge (“IJ”) denying her asylum relief.1 She alleges past persecution and a well- founded fear of future persecution on account of her religion, Candomblé, an Afro-Brazilian religion. The BIA denied De Souza Silva’s application for asylum, holding that she had not experienced past persecution and that she lacked a well-founded fear of future persecution because she could safely and reasonably relocate within Brazil. But in determining whether De Souza Silva 1 De Souza Silva’s husband and minor son are listed as derivative beneficiaries on her asylum application. She does not challenge the agency’s denial of her applications for withholding of removal and protection under the Convention Against Torture. She also does not challenge the agency’s denial of her son’s independent asylum application. Therefore, we do not address these issues. 4 DE SOUZA SILVA V. BONDI

experienced harm rising to the level of persecution, neither the BIA nor the IJ considered the impact of her past experi