United States Fourth Circuit

Petitioner's request for review of the BIA's final removal order denying his asylum application and ordering him removed to Yemen is granted and the case remanded as petitioner has established that he was subjected to past persecution, and as such, he is entitled to the presumption of a well-founded fear of future persecution, which would make him eligible for asylum.

Appellate Information

• Decided 11/24/2009
• Published 11/24/2009

Judges

• Before MOTZ and GREGORY, Circuit Judges, and DAMON J. KEITH, Senior Circuit Judge of the United States Court of Appeals for the Sixth Circuit, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Jason Alexander Dzubow, Mensah, Shoemaker & Dzubow, PLLC, Washington, DC, for Petitioner.  Theo Nickerson, United States Department of Justice, Washington, D.C., for Respondent.   ON BRIEF:  Gregory G. Katsas, Assistant Attorney General, William C. Peachey, Assistant Director, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent.