United States Ninth Circuit

Based in court's finding that plaintiff's rape was due to her village's political affiliation, and clearly constituted persecution, the case was remanded to the BIA for a determination of eligibility for asylum.

Appellate Information

• Argued 04/14/2004
• Decided 06/14/2004
• Published 06/14/2004

Judges

• RAWLINSON, Circuit Judge:, Before THOMPSON, TASHIMA, and RAWLINSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Raymond A. Cardozo and Jayne E. Fleming (argued) of Reed, Smith, Crosby, Heafey LLP, Oakland, CA, for petitioner-appellant Reina Garcia-Martinez., Karen Musalo and Stephen M. Knight, U.C. Hastings College of Law, San Francisco, CA, for amicus curiae Center for Gender and Refugee Studies.


• For Appellees:
  
• Peter Keisler, Mary Jane Candaux, and James E. Grimes (argued), Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for respondent-appellee John Ashcroft, Attorney General.