United States Fourth Circuit

Denial of applications for asylum, withholding of removal, and protection under the Convention Against Torture, reversed in part by the BIA which found petitioner established refugee status, is vacated as the BIA erred by finding that respondent rebutted the presumption of future persecution, and this failure to account for the presumption in petitioner's favor renders its decision to dismiss the appeal manifestly contrary to law.

Appellate Information

• Argued 10/25/2006
• Decided 12/15/2006
• Published 12/15/2006

Judges

• Before KING, GREGORY, and SHEDD, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Alan Mitchell Parra, Bethesda, Maryland, for Petitioner.   Norman Louis Rave, Jr., United States Department of Justice, Environment and Natural Resources Division, Environment Defense Section, Washington, D.C., for Respondent.   ON BRIEF:  Peter D. Keisler, Assistant Attorney General, M. JocelynLopez Wright, Assistant Director, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent.