Read Sowe v. Mukasey, 06-72938

Petition for review brought by a native of Sierra Leone of a denial of his applications for asylum, withholding of removal, and protection under the CAT is denied in part, but granted in part and remanded where: 1) the BIA erred in failing to determine whether, assuming the truth of petitioner's testimony that he witnessed his parents' murder, the severing of his brother's hand, and his sister's kidnaping, he provided compelling reasons for his being unwilling or unable to return to Sierra Leone; and 2) a remand was required to determine his eligibility for asylum pursuant to 8 C.F.R. section 1208.13(b)(1)(iii)(A).

Appellate Information

• Argued 05/09/2008
• Submitted 05/09/2008
• Decided 08/19/2008
• Published 08/19/2008

Judges

• ALARCÓN, Circuit Judge:, Before: ALARCÓN, SUSAN P. GRABER, and JOHNNIE B. RAWLINSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Mark B. Nerheim, Bauman-Becia Law Group, Seattle, WA, for the petitioner.


• For Appellees:
  
• Marion E. Guyton and William C. Erb, Jr., United States Department of Justice, Office of Immigration Litigation, Civil Division, Washington, DC, for the respondent.