United States Ninth Circuit

Denial of plaintiff's application for asylum and withholding of removal is reversed where the Immigration Judge failed to apply the regulatory presumption of a well-founded fear of future prosecution after plaintiff proved that he suffered past persecution.

Appellate Information

• Argued 08/12/2004
• Decided 09/16/2004
• Published 09/16/2004

Judges

• MICHAEL DALY HAWKINS, Circuit Judge:, Before HAWKINS, THOMAS, and BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Robert B. Jobe (argued), San Francisco, CA, for the petitioner.


• For Appellees:
  
• Norah Ascoli Schwarz (argued) and Daniel D. McClain, Office of Immigration Litigation, U.S. Department of Justice, Washington, D.C., for the respondent.