United States Eighth Circuit

A Ugandan citizen's petition for review of a denial of asylum and related relief, based on alleged persecution on account of her homosexuality, is granted where: 1) an IJ erred in concluding that to qualify for asylum, petitioner had to demonstrate persecution at the hands of government officials; and 2) no proper finding was made as to whether the government was unable or unwilling to control persons who had harmed, or would harm petitioner.

Appellate Information

• Decided 03/21/2007
• Published 03/21/2007

Judges

• BENTON, Circuit Judge., Before MELLOY, BENTON, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Eric Dorkin, argued, Chicago, IL (Scott F. Burns and Hart Passman, on the brief), for petitioner.


• For Appellees:
  
• R. Alexander Goring, argued, U.S. Department of Justice, Washington, DC (Patricia A. Smith, on the brief), for respondent.